Arizona's restrictive abortion ban from the 1860s has been repealed following a lengthy legal battle and political wrangling. Democratic lawmakers and advocates are now aiming to expand abortion rights in the state.
Arizona's archaic abortion ban, dating back to 1864, has been officially overturned, marking a significant victory for reproductive rights advocates. The decades-old law, which predated statehood and lacked exceptions for rape or incest, was reinstated after the Supreme Court's Roe v. Wade reversal in 2022. However, legal challenges prevented its enforcement.
In response to the ban, Arizona Governor Katie Hobbs and Democratic lawmakers pushed for its repeal. After multiple attempts, the state legislature passed a bill in April with the support of three Republicans, and two GOP senators joined Democrats for final approval a week later. Hobbs promptly signed the bill into law in May.
Arizona Abortion Ban Repealed: Democrats Push for More Rights
The repeal of the 1864 ban allows abortions in Arizona up to 15 weeks of pregnancy. While there is an exception to save the mother's life after 15 weeks, there are no exceptions for cases of rape or incest. Additionally, those seeking an abortion before 15 weeks must undergo an ultrasound at least 24 hours prior and have the opportunity to view it. Minors require parental consent or judicial authorization, except in cases of incest or life-threatening situations.
The repeal has been met with mixed reactions. Pro-life advocates expressed disappointment, arguing that the pre-Roe law should have been allowed to stand. State House Speaker Ben Toma, a Republican, said he was deeply disappointed by the hasty passage of the repeal bill, believing that the courts should have ruled on the constitutionality of the old law.
Arizona Abortion Ban Repealed: Democrats Push for More Rights
Pro-choice advocates, on the other hand, celebrated the repeal as a step towards protecting reproductive freedoms. Governor Hobbs emphasized that women should make decisions about their bodies and that politicians should stay out of the doctor's office.
Arizona's ongoing debate over abortion rights will continue in November's general election. Voters will decide on Proposition 139, a measure that seeks to amend the state constitution to include the right to an abortion. If approved, abortions would be permitted until fetal viability, typically around 24 weeks, and after that for the mother's physical or mental health.
Arizona Abortion Ban Repealed: Democrats Push for More Rights
The repeal of the 1864 abortion ban in Arizona is a testament to the changing political and legal landscape surrounding abortion in the United States. As the national debate continues, states will remain at the forefront of shaping laws and policies that impact reproductive rights.
