UPDATE (05/02/2024): Arizona Gov. Katie Hobbs has signed a bill to repeal an 1864 law that bans nearly all abortions in the state except those done to save a patient’s life. The repeal may not take effect until 90 days after the end of the legislative session, in June or July. Abortion rights advocates hope a court will step in to make it take effect sooner. The original story continues as published below:
On April 9, the Arizona Supreme Court ruled that officials may enforce a long-dormant 1864 law that bans nearly all abortions in the state except when a mother’s life is at stake.
Following the court ruling, a TikTok video claimed abortions are now banned in Arizona. The video has garnered over 1.3 million views since it was first posted.
“Abortions are now banned in Arizona after the Arizona Supreme Court upheld a 160-year-old law,” the video says.
Recent online search trends show many people are wondering if abortion is banned right now in the state.
THE QUESTION
Are abortions banned in Arizona right now?
THE SOURCES
THE ANSWER
No, abortions are not banned in Arizona right now.
WHAT WE FOUND
Abortions are not banned in Arizona right now. That’s because the Arizona Supreme Court said in its April 9 ruling that enforcement of the near-total abortion ban won’t begin for another 14 business days.
However, due to an agreement reached in a related case in Arizona, enforcement of the ban could possibly be delayed for up to two months, according to Arizona Attorney General Kris Mayes (D-AZ) and Planned Parenthood Arizona, the plaintiffs in the current case.
The Civil War-era law, known as Arizona Revised Statute 13-3603, was enacted in 1864, long before Arizona became a state in 1912. The near-total ban provides no exceptions for rape or incest and allows abortions only if the mother’s life is in jeopardy.
The 1864 ban had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide. But after Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge to lift an injunction that blocked enforcement of the 1864 law.
The Arizona Supreme Court’s April 9 decision suggested that doctors could be prosecuted under the 1864 law, although the opinion written by the court’s majority didn’t explicitly say that. But Mayes said in a statement that “no woman or doctor will be prosecuted under this draconian law in this state.”
Planned Parenthood Arizona said in a statement that it will continue providing abortion through 15 weeks. This is because a court order bars Arizona from enforcing the 1864 ban until 45 days after the Arizona Supreme Court issues its mandate in its case with Mayes.
“While today’s ruling makes clear that the near-total ban on abortion will be enforced, it is important to note that abortion is still accessible in Arizona for a limited period of time,” Planned Parenthood said.
Arizona Gov. Katie Hobbs (D-AZ) has called on the state legislature to repeal the ban.
“They could do that today,” Hobbs said during an April 10 interview on CBS Mornings. “They could gavel in today and make a motion to repeal this ban. And they should do that. I’m hopeful that they will because this will have devastating consequences for Arizona.”
Following the state court ruling, President Joe Biden and his allies are emphasizing efforts to restore abortion rights nationwide.
“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden said in an April 9 statement.
“Vice President Harris and I stand with the vast majority of Americans who support a woman’s right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state,” Biden added.
Former President Donald Trump has avoided endorsing a national abortion ban, saying states should decide and warning that the issue could lead to Republican losses.
Trump told reporters on April 10 that Arizona went “too far” with its near-total abortion ban and called on state lawmakers to change it.
“It’ll be straightened out and as you know, it’s all about states’ rights,” Trump said after landing in Atlanta for a fundraiser. “It’ll be straightened out, and I’m sure that the governor and everybody else are going to bring it back into reason and that’ll be taken care of, I think, very quickly.”
The Associated Press contributed to this report.
This story is also available in Spanish / Lee este artículo también en español: Lo que podemos verificar acerca del restablecimiento de una ley de prohibición de aborto de 1864 en Arizona
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