Arizona’s Civil War-era ban on nearly all abortions was officially repealed on Saturday.
The western battleground state of Arizona has been on a rocky path in recent months, first after the Arizona Supreme Court ruled in April that the state could enforce a long-standing 1864 law that criminalizes all abortions except when the woman’s life is at risk, then after state lawmakers voted to permanently repeal the law.
Arizona’s Democratic governor, Katie Hobbs, signed the bill in May, declaring it just the beginning of the fight to protect reproductive health in Arizona.
“I will continue to do everything in my power to protect reproductive freedom because I trust women to make decisions that are best for them and I know that politicians have no place in doctor’s offices,” Hobbs said in a statement.
Abortion has defined the political arena in Arizona since the U.S. Supreme Court overturned Roe v. Wade in 2022. The issue remains a focus of the Democratic campaign as November’s general election approaches, and it will be up to Arizona voters to decide whether to enshrine the right to abortion in the state constitution.
After the state Supreme Court cleared the way for it to go into effect, Hobbs called on the state Legislature to take immediate steps to repeal the ban before it goes into effect. Republicans, who hold slim majorities in both houses of Congress, stonewalled debate over repealing the ban, at one point prompting infuriated Democrats to chant, “Shame on you! Shame on you!”
Emotions ran high on the House floor and in the gallery as House Democrats, with the support of three Republicans, passed the repeal bill two weeks later and sent it to the Senate for consideration. A week later, two Republican senators joined Democrats to give the bill final approval.
Democrats had been calling for repeal long before the Supreme Court’s decision, and Governor Hobbs also called for action in his State of the State address in January.
The Arizona fight drew national attention again after Democratic state Sen. Eva Birch told lawmakers in a March floor speech that she was seeking an abortion because her pregnancy was no longer sustainable. Ms. Birch said in an interview that it was a chance to emphasize that the law passed by the Arizona Legislature “affects people in practice, not just in theory.”
In the weeks between the Supreme Court’s decision and Governor Hobbs signing the repeal bill, Arizonans were confused about whether the near-total ban would be in place before the repeal bill went into effect.
A court order temporarily suspended the ban, but questions remained about whether doctors in the state would be able to perform the procedure. California Governor Gavin Newsom stepped in in late May, signing a bill allowing Arizona doctors to obtain temporary emergency permits to perform abortions in California.
Without a territorial ban, Arizona law allows abortion up to 15 weeks. After that, there are exceptions to save the woman’s life, but no exceptions for cases of rape or incest after that.
In Arizona, anyone seeking an abortion under 15 weeks’ pregnancy must have an ultrasound and be given the opportunity to see the results at least 24 hours before the procedure. Minors must get parental consent or permission from a state judge, except in cases of incest or when their life is at risk.
Abortion pills can only be provided through qualified physicians, and only licensed physicians can perform surgical abortions. Abortion providers and clinics are required to record and report certain information about the abortions they perform to the Department of Health Services.
Voters will have the final say on whether to add abortion rights to the state constitution when they vote in the general election.
Arizona Advocates for Abortion Access, the coalition leading the ballot measure drive, successfully placed the measure on the ballot after the Arizona Secretary of State verified 577,971 signatures collected as part of the citizen-led campaign, far exceeding the 383,923 required from registered voters.
If voters approve the measure, abortions would be permitted up until the fetus is viable — the point at which a fetus can survive outside the uterus, usually around 24 weeks — and beyond if a woman’s physical or mental health is at risk.
Govinda Rao is a contributor to The Associated Press.
