Arizona Repeals 1864 Abortion Ban, Modernizing State's Reproductive Laws

Arizona’s 1864 abortion ban, which criminalized nearly all abortions except to save a woman’s life, has officially been repealed. The repeal comes after a tumultuous period marked by legal battles and political controversy.

In April, the Arizona Supreme Court allowed the enforcement of the old law, leading to intense debate and legislative action. The state’s Democratic Governor, Katie Hobbs, signed the repeal bill in May, calling it a step forward in protecting reproductive health care. “I will continue doing everything in my power to protect reproductive freedoms,” Hobbs stated, emphasizing the importance of allowing women to make their own medical decisions.

The repeal of the Civil War-era law comes as part of a broader political and legal struggle over abortion rights in Arizona. Following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022, Arizona’s abortion policies have become a focal point in state and national discussions.

The new legislation, effective immediately, replaces the archaic ban with a more contemporary framework allowing abortions up to 15 weeks. It includes provisions for ultrasound requirements and parental consent for minors. Abortions beyond 15 weeks are permitted only to save the life of the mother, with no exceptions for rape or incest.

In addition, Arizona voters will have a say on expanding abortion rights further through a ballot measure in the upcoming general election. The proposed measure, supported by the Arizona for Abortion Access coalition, seeks to enshrine abortion rights in the state constitution, allowing abortions until fetal viability around 24 weeks and beyond in cases of physical or mental health risks.

As the state transitions from its historic ban to a more modern approach, the impact of these changes on Arizona’s abortion landscape and its national reputation will be closely watched.