Arizona's 1864 abortion ban is officially abolished

PHOENIX – Arizona’s Civil War-era ban on nearly all abortions will be officially lifted on Saturday.

The western swing state has experienced a turbulent political mess in recent months. In April, the Arizona Supreme Court ruled that the state could use the long-dormant 1864 law that criminalized all abortions except when the woman's life was in danger. Then state lawmakers voted on a bill that would abolish that law once and for all.

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

“I will continue to do everything in my power to protect reproductive freedom because I trust women to make the choices that are best for them and because I know politicians have no place in the doctor's office,” Hobbs said in a statement.

The issue of abortion has dominated Arizona's political arena since the U.S. Supreme Court overturned Roe v. Wade in 2022. The issue remains a focus of Democratic campaigns heading into the general election in November, and it will be up to Arizona voters to decide whether to enshrine abortion rights in the state constitution.

The path to repeal

Only after the state Supreme Court cleared the way for enforcement did Hobbs urge the state legislature to take immediate action to repeal the ban before it went into effect. Republican lawmakers, who hold slim majorities in both chambers, derailed discussions on repealing the ban. At one point, the blockades led to cries of “Shame! Shame!” from outraged Democratic colleagues.

Emotions ran high in the House and on the gallery when House Democrats were able to gain the support of three Republicans to pass the repeal bill two weeks later and send it to the Senate for consideration. Two Republican senators joined Democrats in giving final approval a week later.

Democrats had been pushing for repeal long before the Supreme Court's decision. Even Hobbs called for action in her State of the Union address in January.

The fight in Arizona made national headlines again when Democratic Senator Eva Burch told her colleagues in the legislature in March that she would have an abortion because her pregnancy was no longer viable. In an interview, she said it was her chance to point out that the laws passed by Arizona lawmakers “actually impact people, in practice, not just in theory.”

Current law

In the weeks between the Supreme Court decision and Hobbs' signing of the repeal bill, there was much confusion in Arizona about whether the near-total ban would actually go into effect before the repeal was implemented.

A court order suspended the ban, but questions remained about whether doctors in the state would be allowed to perform the procedure. California Governor Gavin Newsom intervened in the matter in late May, signing a law granting Arizona doctors temporary emergency licenses to perform abortions in California.

Since the territorial ban is no longer in effect, abortions are permitted in Arizona up to 15 weeks. After that, there is an exception to save the life of the mother, but exceptions for cases of rape or incest after 15 weeks are lacking.

Arizona requires women seeking an abortion before 15 weeks of pregnancy to have an ultrasound at least 24 hours before the procedure and to have an opportunity to view the scan. Minors must have either parental consent or approval from a state judge, except in cases of incest or when their life is in danger.

Abortion medications may only be administered by a qualified physician, and only licensed physicians may perform surgical abortions. Abortion providers and clinics must also record and report certain information about the abortions they perform to the health department.

The voters will decide

Voters have the final say on whether abortion rights should be included in the state constitution in the general election.

Arizona for Abortion Access, the coalition leading the ballot campaign, was successful in securing a spot for the bill. The Arizona Secretary of State verified 577,971 signatures collected through the citizen campaign, far more than the required 383,923 registered voters.

If voters approve the bill, abortions would be legal until fetal viability – the point at which a fetus can survive outside the womb, which is usually about 24 weeks. Abortions would also be possible after that if the mother's physical or mental health is at risk.