Arizona’s Civil War-Era Abortion Ban Repealed

Arizona’s Civil War-era abortion ban is officially repealed Saturday. This marks a significant shift in the state’s reproductive rights landscape. The outdated law, which criminalized all abortions except when a woman’s life was at risk, has been a hot topic since April, when the Arizona Supreme Court decided to enforce it after years of dormancy.

In response, Arizona lawmakers moved quickly. Democratic Governor Katie Hobbs signed a bill to repeal the ban in May, asserting it was just the beginning of her efforts to safeguard reproductive health in the state. Hobbs emphasized her commitment to protecting reproductive freedoms, stating, “I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office.”

Abortion rights have been a defining issue in Arizona’s political scene since the Supreme Court overturned Roe v. Wade in 2022. As November’s general election approaches, the debate continues to dominate Democratic campaigns. Arizonans will soon decide if they want to enshrine the right to abortion in the state constitution.

After the Supreme Court’s ruling, Hobbs pushed for an immediate repeal of the ban, but Republican lawmakers, holding a narrow majority, initially blocked the move. This led to heated exchanges on the House floor, with House Democrats eventually rallying enough support to pass the repeal legislation, which was later approved by the Senate.

The controversy reached national attention when Democratic state Senator Eva Burch revealed in March that she would get an abortion due to a non-viable pregnancy, using her personal story to highlight the real-world impact of Arizona’s restrictive laws.

Before the repeal, a court order temporarily blocked the ban, creating confusion among Arizonans about whether abortions could proceed. To address this, California Governor Gavin Newsom allowed Arizona doctors to obtain temporary emergency licenses to perform abortions in California.

With the ban lifted, Arizona now permits abortions up to 15 weeks into pregnancy. There are exceptions only to save the mother’s life, with no allowances for rape or incest beyond this period. Additionally, those seeking an abortion before 15 weeks must undergo an ultrasound and be offered the chance to view it. Minors need parental consent or judicial authorization, except in cases of incest or life-threatening conditions.

Abortion medication must be prescribed by a licensed physician, and abortion providers must report specific details to the Department of Health Services.

The final say on abortion rights will rest with Arizona voters, who will decide in the upcoming election whether to add abortion rights to the state constitution. The Arizona for Abortion Access coalition successfully secured a spot on the ballot after gathering over 577,000 signatures, surpassing the required 383,923. If approved, the measure would allow abortions up to around 24 weeks and in cases where the mother’s health is at risk after that point.