Sep 15, 2024, 9:00 AM
Sep 14, 2024, 12:00 AM

Arizona repeals 1864 abortion ban on Saturday

Highlights
  • The repeal of Arizona's 1864 abortion ban, which restricted nearly all abortions, was signed into law by Governor Katie Hobbs.
  • The legislative process was marked by intense emotions and required bipartisan support to pass the repeal.
  • With the repeal, Arizona now allows abortions up to 15 weeks, and voters will soon decide on a measure to further protect abortion rights.
Story

Arizona's Civil War-era abortion ban, which prohibited nearly all abortions except when a woman's life was at risk, has been officially repealed. This repeal comes after a tumultuous period marked by the Arizona Supreme Court's decision in April to allow the enforcement of the dormant 1864 law. In response, Democratic Governor Katie Hobbs urged the state Legislature to act swiftly to prevent the ban from taking effect, leading to a heated legislative process that saw House Democrats rallying support from some Republicans. The repeal was signed into law by Governor Hobbs, alleviating confusion among Arizonans regarding the potential enforcement of the near-total ban. In the interim, a court order had temporarily halted the ban, but uncertainty remained about the legality of abortion procedures in the state. California's Governor Gavin Newsom even intervened by signing legislation to allow Arizona doctors to obtain temporary licenses to perform abortions in California during this period of uncertainty. With the repeal now in effect, Arizona law permits abortions up to 15 weeks of pregnancy, with exceptions only to save the mother's life after that point. Notably, there are no exceptions for cases of rape or incest beyond the 15-week limit. Additionally, specific requirements such as mandatory ultrasounds and parental consent for minors remain in place. Looking ahead, Arizona for Abortion Access has successfully placed a measure on the ballot that, if approved by voters, would allow abortions until fetal viability, typically around 24 weeks, and would include provisions for abortions after that time in cases where the mother's health is at risk.

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