Arizona abortion ban overturned/ Arizona abortion rights law/ Civil War-era abortion law repealed/ Newslooks/ PHOENIX/ Arizona’s 1864 abortion ban, which prohibited nearly all abortions, is officially repealed as of Saturday. The repeal, signed by Governor Katie Hobbs in May, follows a state Supreme Court ruling that temporarily allowed the law to be enforced. Voters will soon decide whether to enshrine abortion rights in the state constitution in the upcoming general election.
Arizona’s Abortion Ban Repealed: Quick Looks
- Historic Ban Repealed: Arizona’s 1864 abortion ban, one of the nation’s oldest, is officially off the books.
- Governor’s Action: Governor Katie Hobbs signed the repeal in May, following a push from Democrats after the Arizona Supreme Court ruling allowed enforcement.
- Current Law: Arizona now allows abortions up to 15 weeks, with exceptions only to save the mother’s life but none for rape or incest after 15 weeks.
- Voter Decision: Arizona voters will decide in November whether to add the right to abortion to the state constitution, extending access up to fetal viability.
Arizona’s 1864 Abortion Ban Officially Repealed After Legislative Action
Deep Look
Arizona’s Civil War-era abortion ban, enacted in 1864, is now officially repealed, following months of political battles and court rulings. The ban, which criminalized nearly all abortions except to save a woman’s life, was temporarily enforced earlier this year after a ruling by the Arizona Supreme Court. That decision reignited debates around reproductive rights, forcing state lawmakers into action.
In April, the Arizona Supreme Court cleared the way for the 1864 ban to be enforced, creating uncertainty and alarm among residents and healthcare providers. However, Democratic Governor Katie Hobbs responded by urging the Legislature to act swiftly to repeal the outdated law. The Republican-controlled Legislature resisted the move at first, leading to a dramatic political showdown in the state Capitol. Eventually, three Republican House members joined Democrats to pass the repeal bill, which was later approved by the Senate.
Governor Hobbs signed the bill in May, marking a significant victory for abortion rights advocates. “I will continue doing everything in my power to protect reproductive freedoms,” Hobbs declared, emphasizing her commitment to ensuring that politicians stay out of personal healthcare decisions.
The repeal of the 1864 law, however, is just one step in the larger battle over abortion rights in Arizona. Following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, abortion became a key issue in Arizona’s political landscape, with Democrats working to protect access while Republicans sought greater restrictions. As the 2024 general election approaches, voters will soon decide whether to add the right to an abortion to the state constitution.
Arizona’s current abortion law, which remains in place following the repeal, allows abortions up to 15 weeks. After this period, abortions are only permitted to save the life of the mother, but there are no exceptions for rape or incest after the 15-week mark. Additional regulations also require an ultrasound at least 24 hours before the procedure and mandate parental consent or judicial authorization for minors seeking abortions. The state also limits the provision of abortion medication and surgical procedures to licensed physicians.
In the weeks leading up to the repeal, uncertainty over the fate of the ban caused confusion across Arizona. The state’s abortion providers faced legal questions about whether the 1864 law could be enforced before it was officially repealed. The uncertainty even prompted California Governor Gavin Newsom to sign a law allowing Arizona doctors to receive temporary emergency licenses to perform abortions in California, further highlighting the impact of the evolving legal landscape.
The road to repeal has been emotionally charged and highly contentious. National attention focused on the Arizona Legislature earlier this year when Democratic state Senator Eva Burch shared her personal experience with abortion during a floor speech. She spoke openly about having to terminate a nonviable pregnancy, using the opportunity to remind her colleagues that their decisions have real-life consequences. Her emotional appeal resonated with many across the country and underscored the importance of the repeal effort.
Now, attention shifts to the November general election, where voters will have the final say on the future of abortion rights in Arizona. Arizona for Abortion Access, a coalition spearheading the ballot measure, successfully gathered more than 577,000 signatures, far exceeding the 383,923 needed to place the measure on the ballot. If voters approve the measure, abortions will be allowed until fetal viability, typically around 24 weeks. Exceptions will also be made for cases where the mother’s physical or mental health is at risk, even after viability.
As the state gears up for the vote, the outcome will likely shape the future of reproductive rights in Arizona for years to come. Proponents of the measure argue that enshrining abortion rights in the state constitution is critical to safeguarding women’s health, while opponents contend that stricter limitations are necessary to protect life.
Regardless of the outcome, Arizona remains at the forefront of the national debate over abortion, with its voters poised to make a historic decision in the coming months.
