Arizona’s Civil War-era ban on just about all abortions will probably 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 lady’s life was in peril. Then state lawmakers voted on a bill that might abolish that law once and for all.
Arizona Democratic Governor Katie Hobbs signed the law in May and stated that it was just the start a fight to guard 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 an announcement.
Abortion has clearly defined Arizona’s political arena because the U.S. Supreme Court. Roe v. Wade overturned in 2022. With the final election in November in mind, the problem stays a spotlight of Democratic campaigns, and it’s going to be as much as Arizona voters to make a decision whether to enshrine abortion rights within the state structure.
The path to repeal
Only after the state Supreme Court cleared the way in which for enforcement did Hobbs urge the state legislature to take immediate motion to repeal the ban before it went into effect. Republican lawmakers, who hold slim majorities in each chambers, derailed discussions on repealing the ban. At one point, the blockades prompted cries of “Shame! Shame!” from outraged Democratic colleagues.
Emotions ran high within the plenary and on the gallery when the Democrats within the House of Representatives gain support by three Republicans, who passed the repeal bill two weeks later and sent it to the Senate for consideration. Two GOP senators joined the Democrats every week later to offer final approval.
Democrats had been pushing for repeal long before the Supreme Court’s decision. Even Hobbs called for motion in her State of the Union address in January.
The fight in Arizona again made national headlines when the Democratic Senator Eva Burch told her colleagues in a speech in March that she would have an abortion because her pregnancy was now not viable. In an interview, she said this was her probability to indicate 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 within the state can be allowed to perform the procedure. California Governor Gavin Newsom intervened within the matter in late May, signing a law granting Arizona doctors temporary emergency licenses to perform abortions in California.
Since the territorial ban is not any longer in effect, abortions are permitted in Arizona as much as 15 weeks. After that, there may be an exception to save lots of the lifetime of the mother, but exceptions for cases of rape or incest after 15 weeks are lacking.
Arizona requires women in search of an abortion before 15 weeks of pregnancy to have an ultrasound no less than 24 hours before the procedure and to have a chance to view the scan. Minors should have either parental consent or approval from a state judge, except in cases of incest or when their life is in peril.
Abortion drugs may only be performed by a certified physician, and only licensed physicians may perform surgical abortions. Abortion providers and clinics must also record and report certain information in regards to the abortions they perform to the health department.
The voters will determine
Voters have the ultimate say on whether abortion rights must be included within the state structure in the final 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, way over the required 383,923 registered voters.
If voters approve the bill, abortions can be legal until fetal viability – the purpose at which a fetus can survive outside the womb, which is normally about 24 weeks. Abortions would even be possible after that if the mother’s physical or mental health is in danger.
