Arizona’s Civil War-era abortion ban is officially overturned

In recent months, the western swing state has been unleashed, starting with the Arizona Supreme Court, which ruled in April to let the state enforce the long-standing 1864 law that criminalized all abortions unless a woman’s life was at stake in danger. Then state lawmakers voted on a bill to repeal that law once and for all.

Arizona Democratic Gov. Katie Hobbs signed the bill into law in May, saying it was just the beginning of a fight to protect reproductive health in Arizona.

“I will continue to do everything in my power to protect reproductive freedoms because I trust women to make the decisions that are best for them and I know that politicians do not belong in the doctor’s office,” Hobbs said in a communicated.

Abortion has clearly defined the political arena in Arizona since the U.S. Supreme Court overturned Roe v. Wade in 2022. As the November general election approaches, the issue remains at the center of Democratic campaigns, and it will be up to Arizona voters to decide whether enshrine the right to abortion in the state constitution.

The road to repeal

After the state Supreme Court cleared the way for enforcement, Hobbs called on the state Legislature to take immediate action to overturn the ban before it takes effect. Republican lawmakers, who hold a narrow majority in both chambers, have derailed talks about repealing the ban. At one point, the blockades resulted in chants of “Shame! Shame!” by outraged fellow Democrats.

Emotions on the House floor and in the gallery ran high as House Democrats managed to secure the support of three Republicans to pass repeal legislation two weeks later, sending the measure to the Senate for consideration. Two GOP senators joined Democrats a week later to give final approval.

Democrats were pushing for repeal long before the Supreme Court issued its ruling. Even Hobbs called for action in her January State of the State address.

The battle in Arizona made national headlines again when Democratic state Sen. Eva Burch told fellow lawmakers in a floor speech in March that she would have an abortion because her pregnancy was no longer viable. She said in an interview that it was her chance to emphasize that the laws passed by Arizona lawmakers “actually impact people in practice and not just in theory.”

The current law

In the weeks between the Supreme Court’s decision and Hobbs signing the repeal into law, Arizonans were in a state of confusion about whether the near-total ban would go into effect before the repeal was implemented.

A court order suspended the ban, but questions persisted about whether doctors in the state could perform the procedure. California Gov. Gavin Newsom intervened on the issue in late May, signing legislation allowing Arizona doctors to receive temporary, emergency licenses to perform abortions in California.

With the territorial ban no longer in play, Arizona law allows abortions up to 15 weeks. After that, there is an exception to save the mother’s life, but there are no exceptions for rape or incest after 15 weeks.

Arizona requires those seeking an abortion before 15 weeks to have an ultrasound at least 24 hours before the procedure and be given the opportunity to view it. Minors must have either parental consent or the authorization of a state judge, except in cases of incest or when their lives are in danger.

Abortion drugs can only be provided by a qualified doctor and only licensed doctors can perform surgical abortions. Abortion providers and clinics must also record and report certain information about the abortions they perform to the department of health services.

The voters will decide

Voters will have the final say on adding abortion rights to the state constitution when they cast their ballots in the general election.

Arizona for Abortion Access, the coalition leading the campaign for the ballot measure, was able to secure the measure’s place on the ballot. The Arizona Secretary of State verified 577,971 signatures that were collected in the citizen-led campaign, far more than the 383,923 required from registered voters.

If voters approve the measure, abortions would be allowed until fetal viability — the point at which a fetus could survive outside the womb, usually around 24 weeks. It would also allow abortions after this time in cases where the mother’s physical or mental health is at risk.