The reversal of Roe v. Wade by the US Supreme Court in June 2023 declared open season on women across the country. In AZ, the State Supreme Court responded by restoring an 1864 territorial law banning abortion except to save a mother’s life, with a 2-5 year prison sentence for abortion providers. It did not matter to these Republican-appointed justices that in 1864, AZ was not yet a state, slavery had not been abolished, Abraham Lincoln was president, and women could not vote.
The AZ House and Senate have since voted to repeal the 1864 law, with a few Republicans joining the Democratic delegation. Democratic Governor Katie Hobbs signed the bill two days later. The bipartisan votes by legislators and support by the governor were very heartening to those hoping to bring abortion rights to AZ.
Unfortunately, while the repeal is a significant victory, it does not resolve AZ’s abortion issue. The repeal leaves the 1864 law in place for several more months, although Democratic AZ Attorney General Kristin Mayes has promised not to allow prosecution of anyone violating the abortion ban. But the repealed ban also leaves in place a 15-week ban with no exception for rape or incest.
Arizonans have pushed back against this game of political football played with women’s lives by creating an initiative, the AZ Abortion Access Act, that will be on the ballot this November. The Act would enshrine abortion access in the AZ constitution, beyond the reach of legislation.
But the fight is not over even then, as the AZ Republican legislature is putting together for the November ballot an opposing amendment which is aimed at confusing voters. The fight will be heating up this fall, and Turn Purple 2 Blue will be there with actions you can take to help AZ win the abortion battle for good.