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Arizona Repeals Abortion Ban Dating Back to 1864

Arizona is officially repealing its nearly 160-year-old ban on almost all abortions on Saturday. The state has recently been through a tumultuous time, starting with the Arizona Supreme Court’s decision in April allowing the enforcement of a law from 1864 that criminalized most abortions except to save a woman’s life. Subsequently, state lawmakers passed a bill to eliminate this ban permanently.

Governor Katie Hobbs, a Democrat, signed the bill in May, signaling the start of a battle to safeguard reproductive healthcare rights in Arizona. Hobbs emphasized her commitment to defending reproductive freedoms and trusting women to make decisions about their bodies without interference from politicians.

Abortion has become a significant issue in Arizona following the U.S. Supreme Court’s overturning of Roe v. Wade in 2022. With the upcoming general election, Democrats are focusing on the topic, and Arizona voters will have the opportunity to decide whether to protect the right to abortion in the state constitution.

The journey to repeal the ban was filled with obstacles. After the state Supreme Court ruling, Governor Hobbs urged the Legislature to act swiftly to revoke the ban. Despite resistance from Republican lawmakers, House Democrats managed to pass the repeal bill with the support of a few Republicans. Eventually, the Senate also approved the repeal.

The national spotlight turned to Arizona when Democratic Senator Eva Burch spoke out about her decision to have an abortion during a legislative session, highlighting the real-world implications of restrictive laws on individuals.

As the ban is lifted, Arizona law now permits abortions up to 15 weeks, with exceptions for cases endangering the mother’s life after that point. However, exceptions for rape or incest after 15 weeks are absent. Current regulations include mandatory ultrasounds, parental consent for minors, and restrictions on who can provide abortion medication and procedures.

In the upcoming general election, voters will determine whether to include the right to abortion in the state constitution. A coalition called Arizona for Abortion Access successfully gathered the required number of signatures to get the measure on the ballot. If approved, the measure would allow abortions until fetal viability around 24 weeks, with provisions for cases jeopardizing the mother’s physical or mental health.

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