Arizona's Civil War-era ban on nearly all abortions will be officially repealed on Saturday.
The long-obsolete law, enacted in 1864 before Arizona became a state, had no exceptions for rape or incest, only an exception for the life of the mother.
The 160-year-old law would have gone into effect after Roe v. Wade was repealed in 2022, but was never put into effect due to court challenges.
What you need to know about the Arizona Supreme Court's decision to reinstate a near-total abortion ban from 1864
Arizona Governor Katie Hobbs signed a bill into law repealing the state's near-total abortion ban, enacted in 1864, during a press conference in the Governor's Office on May 2, 2024. (Rob Schumacher/The Republic/USA Today Network)
The ban was blocked by the Arizona Supreme Court in April, overturning an earlier lower court ruling that had concluded doctors couldn't be prosecuted for performing abortions before the 15th week of pregnancy.
But the decision sparked backlash in the battleground Grand Canyon State, leading Arizona Democratic Gov. Katie Hobbs to call on state lawmakers to repeal the ban.
Republicans hold slim majorities in both chambers of the state, but House Democrats subsequently garnered support from three Republicans and, after two attempts, passed the repeal bill in April and sent it to the Senate for consideration. A week later, two Republican senators joined Democrats to give final approval, after which Governor 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.
Pro-life activists demonstrate at the Arizona State Capitol in Phoenix, Arizona, April 17, 2024, prior to a meeting of the Arizona House of Representatives. (Rebecca Noble/Getty Images)
Arizona House Speaker Ben Toma (R-Arizona) said at the time he was “deeply disappointed” by the bill's passage.
“This bill should not have been rushed into law,” he said in a statement provided to Fox News Digital. “Pre-Roe law has been around for decades and was re-adopted in 1977 by Democrats and Republicans in the state Legislature and signed by Democratic Gov. Raul Castro.”
Arizona House of Representatives Passes Bill to Repeal 1864 Abortion Ban
“The wise and responsible thing to do would have been to allow the Court to determine the constitutionality of pre-Roe laws. Instead, we are rushing to judgment for reasons we simply cannot comprehend.”
The statewide fight over the issue drew national attention in March when Arizona Sen. Eva Birch announced on the state Senate floor that she planned to have an abortion after discovering she could not continue her pregnancy.
Arizona law currently allows abortions up to 15 weeks, with exceptions to save the mother's life after that, but no exceptions for cases of rape or incest after that.
The state requires that anyone seeking an abortion under 15 weeks must have an ultrasound and be given the opportunity to see the results at least 24 hours before the procedure, and minors must get parental consent or permission from a state judge, except in cases of incest or when their life is at risk.
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Arizona Rep. Stephanie Stahl Hamilton embraces state Sen. Anna Hernandez, right, after Governor Katie Hobbs signed a bill that repeals the state's near-total abortion ban that has been in place since 1864, during a press conference in the Governor's Office on May 2, 2024. (Rob Schumacher/The Republic/USA Today Network)
Voters will decide whether to add the right to abortion to the state constitution when they voice their opinion on Proposition 139 in the general election.
The measure appeared on the ballot after the pro-life group Arizona Abortion Access Coalition gathered nearly 578,000 signatures from registered voters, far exceeding the required 383,923 signatures.
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 even after that point if the mother's physical or mental health is at risk.
The Associated Press contributed to this report.
