What you need to know about Arizona's abortion ban

7 months ago 47
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Abortion rights protesters chant during a Pro Choice rally at the Tucson Federal Courthouse in Tucson, Arizona on Monday, July 4, 2022.Image source, Getty Images

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The 1864 law has raised questions on the legality of abortion in Arizona

On Tuesday, the Arizona Supreme Court reinstated a law from 1864 that bans nearly all abortions in the state.

The 160-year-old law - which predates Arizona becoming a US state - makes performing an abortion punishable by two to five years in prison, except when the mother's life is at risk.

Questions have emerged since about what it means for the legality of abortion in Arizona now and in the future.

Several things remain uncertain, but here's what we know:

Can I still have an abortion in Arizona?

The procedure has been available and legal in the state up to 15 weeks of pregnancy.

This availability, however, is now in jeopardy after Arizona's highest court upheld the 1864 law banning abortion, which could have wide-ranging ramifications on abortion access in the state if implemented.

But it remains to be seen when or how it would be enforced.

The court has put the law on hold for 14 days and sent the case back to a lower court to hear additional arguments. On top of that, there is a 45-day period before enforcement.

Arizona Attorney General Kris Mayes, a Democrat, also strongly came out against the law, which was introduced when Abraham Lincoln was president,- calling it "draconian" and vowing that she will not prosecute any patient or doctor under it.

Can I have an abortion in another state?

Since Roe v Wade was overturned in 2022, federal protections to abortions have been reversed, which has led to fierce debates erupting at the state level. This has created a fragmented map of where the procedure is legal and accessible in the US.

Several states now have full bans on abortion, including Texas, Oklahoma and Arkansas.

In other states, like Florida, there is an ongoing and intense debate on the legality of abortion. Florida law allows the procedure up to 15 weeks of pregnancy, but Governor Ron DeSantis is pushing for that window to be shortened to six weeks.

Meanwhile, an initiative on the November ballot will ask whether the state's Constitution should be amended to guarantee the right to an abortion.

The measure, which could reverse all abortion bans in Florida, would require 60% approval to pass.

Other states have been successful in enshrining abortion access in their constitutions since Roe's reversal, like Colorado, Kansas and Michigan.

Will the 1864 law be overturned?

It remains to be seen, but it is a likely possibility.

In the majority opinion, the judges stated that "policy matters of this gravity must ultimately be resolved by our citizens through the legislature or the initiative process."

This puts the ball in the court of state legislators, who could cancel the ban.

It also opens the possibility for voters to decide on the issue in November, should abortion rights groups in Arizona succeed in putting the question on the ballot.

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