Article Summary –
Arizona’s Civil War-era abortion ban was repealed by Democratic Gov. Katie Hobbs, following a state Supreme Court decision to enforce the 1864 law. The repeal faced resistance from Republican lawmakers but ultimately passed with bipartisan support. Current laws permit abortions up to 15 weeks, with specific regulations. Voters will decide in November whether to enshrine abortion rights in the state constitution, potentially allowing abortions until fetal viability.
Voters to Decide on Adding Abortion Rights to Arizona State Constitution This November
PHOENIX (AP) — As of Saturday, Arizona’s Civil War-era ban on nearly all abortions is officially repealed.
The western swing state has seen major changes in recent months, starting with the Arizona Supreme Court’s April decision to enforce the 1864 law criminalizing nearly all abortions, except to save a woman’s life. State lawmakers then voted to repeal that law.
Democratic Gov. Katie Hobbs signed the bill in May, stating it was just the beginning of efforts to protect reproductive health care in Arizona.
“I will continue doing everything in my power to protect reproductive freedoms,” Hobbs said.
Abortion has sharply defined Arizona’s political landscape since the U.S. Supreme Court overturned Roe v. Wade in 2022. As the November election approaches, voters will decide whether to enshrine the right to abortion in the state constitution.
The road to repeal
Following the state Supreme Court’s decision, Hobbs urged lawmakers to act quickly to undo the ban. Republican lawmakers, holding a narrow majority, initially blocked discussions, leading to chants of “Shame! Shame!” from Democratic colleagues.
House Democrats eventually garnered support from three Republicans to pass the repeal legislation, which the Senate approved with the backing of two GOP senators.
Democrats pushed for repeal long before the Supreme Court ruling. In March, Democratic state Sen. Eva Burch made national headlines by revealing her decision to get an abortion during a floor speech.
Current law
During the weeks of uncertainty between the court’s decision and Hobbs’ signing, Arizonans were confused about the near-total ban’s potential effect. A court order put the ban on hold, but questions remained for doctors.
California Gov. Gavin Newsom signed legislation allowing Arizona doctors to obtain temporary licenses to perform abortions in California. With the territorial ban repealed, Arizona law now permits abortions until 15 weeks, with exceptions to save the mother’s life but not for rape or incest past 15 weeks.
Those seeking an abortion before 15 weeks must have an ultrasound 24 hours prior and be given the chance to view it. Minors need parental consent or a judge’s authorization except in cases of incest or life risk. Only qualified physicians can provide abortion medication, and surgical abortions must be performed by licensed doctors, with mandatory reporting to the health department.
Voters will decide
Voters will ultimately decide in the general election whether to add the right to an abortion to the state constitution.
Arizona for Abortion Access successfully secured the ballot measure, with the Secretary of State verifying 577,971 signatures, well over the required 383,923.
If approved, abortions would be allowed until fetal viability, typically around 24 weeks, with exceptions for the mother’s physical or mental health after that period.
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