Today, the Arizona Supreme Court ruled to uphold a devastating near-total ban on abortion from 1864. The 4-2 decision supersedes the previous rule, which guarded the right to end a pregnancy by the 15-week mark, resetting policy to the pre-Roe v. Wade era and adding Arizona to the roster of 16 other states where abortion is virtually outlawed. This means Arizona now has one of the most restrictive abortion bans in the nation.
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“This ruling will put the lives of untold Arizonans at risk and robs us of our most basic rights,” said campaign manager Cheryl Bruce. “Implementing a near-total abortion ban from before women even had the right to vote only further demonstrates why we need politicians and judges out of our healthcare decisions. Now more than ever, our campaign is driven to succeed in passing this amendment and protecting access to abortion in Arizona once and for all.”
“As a result of this ruling, Arizonans will suffer and die due to the whims of politicians and judges,” said Chris Love, a spokesperson for the campaign. “Arizona families deserve the right to make their own decisions about pregnancy and abortion without the constant threat of government interference. That belief is what fuels our campaign now more than ever, and we will fight like hell to restore abortion rights in Arizona this November.”
Under the 1864 territorial law, which went into effect 48 years before Arizona became a state, anyone who administers an abortion could face a mandatory prison sentence of two to five years. That ban could compel Arizona’s licensed abortion clinics to ramp down dramatically or shutter — though it’s unclear how the decision will be enforced.
The Arizona for Abortion Access campaign has already gathered well over 500,000 Arizona voter signatures. Approximately 384,000 valid voter signatures are required by July 3. The campaign will continue collecting signatures statewide until signatures are due on July 3, 2024.
“A woman’s health care choices should be between her, her family, and her doctor,” said Arizona senior Senator Kyrsten Sinema. “Today’s decision by the Arizona Supreme Court endangers women’s health, safety, and well-being. Arizonans should not be forced to travel out of state just to receive basic, sometimes even life-saving, health care. Doctors and hospitals should not be punished for providing health care to their patients. Throughout my over 20 years of public service I’ve always supported women’s access to reproductive care, and I will work with anyone to protect Arizona women’s ability to make their own decisions about their futures.”
Sinema has repeatedly voted in favor and championed efforts protecting women’s right to choose. The Senator is an original cosponsor of the Women’s Health Protection Act – legislation preventing the government from placing restrictions on women’s access to health care – and introduced the bipartisan Reproductive Freedom For All Act to protect Arizona women’s abilities to make their own health care decisions.
House Democratic leaders today said the Arizona Supreme Court chose chaos over common sense when justices chose to impose the draconian 1864 total ban on abortion that criminalizes reproductive care with no exceptions for survivors of rape and incest.
“The Arizona Supreme Court chose chaos over reason and common sense today,” said House Democratic Whip Nancy Gutierrez. “This is outrageous, extreme and devastating because we know Arizonans overwhelmingly support the right to obtain an abortion and other reproductive healthcare. We must take immediate steps to repeal this archaic and cruel law, and to expand our rights. Our caucus stands with the vast majority of Arizonans who support these basic rights, and we won’t stop fighting to expand them.”
House Democratic Whip Melody Hernandez added, “Women will die if this law stands and medical professionals could be jailed. That is unimaginable, it is not supported by our constituents and it cannot be allowed to stand. Every Republican in the Legislature supported this total abortion ban passed during the Civil War, decades before we even became a state and women gained the right to vote. We know this because the Speaker and Senate President submitted an amicus brief on their behalf asking for exactly that result. We hope they will acknowledge their mistake and work with us to repeal this law before anyone is harmed.”
To learn more about the Arizona Abortion Access Act, visit ArizonaForAbortionAccess.org
