Abortion in Arizona

Abortion in Arizona is legal up to the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution.[1][2]

As a territory, Arizona banned abortion in 1864, and although the law became unenforceable after the 1973 Roe v. Wade U.S. Supreme Court decision, it remained in effect. The enforcement of the total ban was prevented by an injunction in the 1973 Arizona case Nelson v. Planned Parenthood, which based its decision solely on Roe.[3] The June 2022 Dobbs v. Jackson Women's Health Organization United States Supreme Court decision overturned Roe.[4] The injunction, which was lifted on September 23, 2022, by a superior court judge in Pima County,[5] was temporarily reinstated by the Arizona Court of Appeals on October 7, 2022.[6] On December 30, 2022, the Arizona Court of Appeals ruled that the criminal penalties of the 1864 law could not be enforced.[7]

On April 9, 2024, the Republican-controlled Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced.[4][8] This ban was repealed through legislation passed by Democratic lawmakers and five Republican lawmakers in the Arizona state legislature, and signed by Arizona Governor Katie Hobbs on May 2, 2024.[2] The repeal took effect 90 days after the legislative session ended, on September 14, 2024.[9] Attorney General Kris Mayes, a Democrat, did not enforce the ban when it was in effect.[10]

Abortion and religion have intersected in the state, particularly in the case of Sr. Margaret Mary McBride, R.S.M., a Sister of Mercy.

In a 2014 poll by Pew Research Center, 49% of Arizona adults said that abortion should be legal in all or most cases with 47% saying it should be illegal in all or most cases.[11] In a 2022 poll of 938 registered Arizona voters by OH Predictive Insights, 87% said they wanted abortion to remain legal in all or some cases.[12]

  1. ^ "Arizona voters enshrine abortion rights in state constitution". NBC News. November 6, 2024. Retrieved November 6, 2024.
  2. ^ a b Govindarao, Sejal (2024). "Arizona's 1864 abortion ban is officially off the books". The Associated Press.
  3. ^ "Nelson v. Planned Parenthood Ctr. of Tucson, Inc.". Casetext. January 30, 1973. Retrieved October 8, 2022.
  4. ^ a b Cite error: The named reference Stern was invoked but never defined (see the help page).
  5. ^ Christie, Bob (September 23, 2022). "Arizona judge: State can enforce near-total abortion ban". ABC News. Retrieved September 24, 2022.
  6. ^ "Arizona appeals court reinstates injunction blocking abortion ban". Politico. Associated Press. October 7, 2022. Retrieved October 8, 2022.
  7. ^ Billeaud, Jacques (December 30, 2022). "Court: Abortion doctors can't be charged under Arizona law". AP News. Retrieved December 31, 2022.
  8. ^ Fischer, Howard. "Ruling: Near-total abortion ban is law in Arizona". tucson.com. Arizona Daily Star. Retrieved April 9, 2024.
  9. ^ Cite error: The named reference Anita was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference Grenoble was invoked but never defined (see the help page).
  11. ^ "Views about abortion among adults in Arizona". Pew Research Center. July 5, 2015. Retrieved October 8, 2022.
  12. ^ Davis-Young, Katherine (June 15, 2022). "Poll: Most Arizona voters want abortion to remain legal". KJZZ. Retrieved October 8, 2022.