Centuries-Old Abortion Ban Ruled Enforceable in Arizona
Arizona Supreme Court has ruled that a near-total abortion ban passed in 1864 can take effect
04.09.2024 (PRESS RELEASE): – Today, the Arizona Supreme Court ruled to reinstate a near-total abortion ban in Arizona that dates back to 1864—before Arizona gained statehood. The law will become enforceable 45 days after the court issues its mandate, which is separate from today’s decision. Once in effect, this ban will prohibit nearly all abortions. With today’s ruling, Arizona is set to become the 15th state to ban abortion entirely since Roe was overturned.
Statement from Beth Brinkman, senior litigation director at the Center for Reproductive Rights: “Today’s catastrophic decision out of Arizona is quite literally sending the rights of pregnant people back to the 1800s. This draconian ban will make it dangerous for people to be pregnant in Arizona and will put more pressure on providers in surrounding states, like New Mexico, that continue to experience a profound increase in out-of-state patients.”
This ban criminalizes abortion providers with a minimum sentence of two years in state prison and prohibits all abortions unless the abortion “is necessary to save her life”. As seen across the country, the exceptions written into abortion bans don’t work in reality and put the lives and well-being of pregnant people at risk.
At the beginning of this month, grassroots organizers in Arizona secured enough petition signatures for a ballot measure to enshrine a right to abortion in the state constitution. Barring any legal challenges, Arizona voters will have the chance to protect their abortion rights this November.
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