Arizona's Abortion Law Repeal: What's Next?

Arizona's near-total ban on abortions, which was enforced in April 2024, has been repealed. The 1864 law, which predated Arizona's statehood, had no exceptions for rape and incest, only for the life of the mother. The bill to repeal the law was signed by Democratic Governor Katie Hobbs in May 2024, who said she would continue doing everything in [her] power to protect reproductive freedoms. Hobbs also urged Arizonans to vote to add the right to abortion to the state constitution in the November 2024 general election.

Arizona's 1864 abortion ban is repealed

Arizona's 1864 abortion ban, which was enforced in April 2024, has been repealed as of May 2, 2024. The law, which was passed during the Civil War, banned abortions unless the pregnant person's life was in danger. The ban was enforced by the Arizona Supreme Court in April 2024, leading to a legislative battle to repeal it.

The state's Democratic governor, Katie Hobbs, signed the repeal into law on May 2, 2024, at the state Capitol in Phoenix. The repeal was the result of a bipartisan effort, with Democrats and three Republicans in the House and two Republicans in the Senate joining forces to pass the legislation.

Governor Hobbs stated that the repeal was just the beginning of the fight to protect reproductive health care in Arizona. She affirmed her commitment to protecting reproductive freedoms and keeping politicians out of the doctor's office. The repeal of the 1864 ban restores access to abortion services in Arizona, with certain restrictions in place. Abortion is legal up to 15 weeks of gestation, and after that point, only in cases of medical emergency to save the life of the mother.

The battle over abortion rights in Arizona has been a contentious issue, with the state's political arena sharply divided since the U.S. Supreme Court overturned Roe v. Wade in 2022. The issue remains a focus of Democratic campaigns in the upcoming November general election, and voters will ultimately decide whether to enshrine the right to abortion in the state constitution.

Abortion is legal in Arizona until 15 weeks

The road to the repeal was not without obstacles. Initially, Republican lawmakers, who hold a majority in both chambers, blocked attempts to overturn the ban. However, with the support of a few Republicans, Democrats were able to pass the repeal legislation, sending it to the Senate for consideration.

The new law allows abortions up to 15 weeks of gestational age. After this point, abortions are only permitted if a doctor determines there is a medical emergency that threatens the life of the mother. There are still no exceptions for cases of rape or incest after the 15-week mark.

Those seeking an abortion prior to the 15-week mark must undergo an ultrasound at least 24 hours beforehand and are given the opportunity to view it. Minors must have parental consent or authorization from a state judge, except in cases of incest or when their life is at risk.

While the repeal of the near-total abortion ban is a significant step forward for reproductive rights in Arizona, the fight for abortion access in the state is not over. The law remains subject to change due to ongoing court cases and legislative action. Additionally, voters will have the final say on abortion rights in the state when they vote on Proposition 139 in the general election, which, if passed, would enshrine the right to abortion in the state constitution until fetal viability, typically around 24 weeks.

No exceptions for rape or incest after 15 weeks

Arizona's abortion laws have been a subject of much debate and change in recent years. The state's abortion laws have shifted from a Civil War-era ban on nearly all abortions, to a 15-week ban with exceptions only for medical emergencies, and now, as of September 2024, abortions are legal in Arizona until fetal viability, which is typically around 24 weeks.

While the current law in Arizona allows for abortions up to 15 weeks gestational age, there are some important exceptions and limitations to be aware of. Firstly, at any point in the pregnancy, including after 15 weeks, abortion is legal if a doctor determines that there is a medical emergency. A "medical emergency" is defined by state law as a situation where immediate abortion care is necessary to avoid the patient's death or to prevent serious and irreversible harm to a major bodily function.

However, one notable absence in Arizona's abortion laws is the lack of exceptions for cases of rape or incest after the 15-week mark. This means that if an individual becomes pregnant as a result of rape or incest, they must terminate the pregnancy before the gestational age of the fetus exceeds 15 weeks. After 15 weeks, abortion is only legal if it falls under the medical emergency exception. This limitation has been a point of contention and has sparked discussions about the role of politicians and judges in deciding abortion laws.

The lack of exceptions for rape or incest in Arizona's abortion laws highlights a complex and evolving legal landscape. It is important to recognize that the law is subject to change due to ongoing court cases and legislative action. As such, those seeking reproductive healthcare in Arizona should stay informed about the most up-to-date legal information.

Ultrasound required at least 24 hours before the procedure

Arizona's abortion laws have been in flux since the U.S. Supreme Court overturned Roe v. Wade in 2022. In May 2024, Arizona repealed its Civil War-era near-total abortion ban, which had been allowed to take effect by the state Supreme Court. The new law allows abortions until 15 weeks of gestation. After this point, abortions are only permitted in medical emergencies.

In the context of these new laws, Arizonans seeking an abortion must undergo an ultrasound at least 24 hours before the procedure and be given the opportunity to view the image. This is a common requirement across many U.S. states, with 27 regulating the provision of ultrasound by abortion providers, and 10 mandating an ultrasound for each person seeking an abortion.

The ultrasound requirement in Arizona is part of a series of regulations on abortion care in the state. These laws impose obligations on medical providers, such as the need to provide in-person notices at least 24 hours before the abortion, informing the patient of various details, including the medical risks of continuing with the pregnancy and the probable anatomical and physiological characteristics of the fetus.

The law also requires that only licensed physicians can perform surgical abortions, and abortion medication can only be provided by a qualified physician. Minors seeking abortions must have either parental consent or authorization from a state judge, except in cases of incest or when their life is at risk.

Parental consent or state judge authorisation is needed for minors

In Arizona, parental consent or state judge authorisation is needed for minors seeking abortions. This is known as a "judicial bypass". The parental consent must be obtained on a form and be written and notarized. The form must include a list of possible medical risks that may occur with a surgical, medical, or diagnostic procedure, and the minor and their parent must initial each page and sign the final page. The form must be kept in the minor's records for seven years after the procedure or five years after the date of the minor's maturity, whichever is longer.

If a minor does not have parental consent, they can petition a judge of the superior court for authorization. The judge will determine if the minor is mature and capable of giving informed consent. If the minor is not mature, the judge will determine if the abortion is in their best interests and can authorize a physician to perform the abortion without consent if they conclude that it is. The minor has the right to court-appointed counsel and can participate in the court proceedings on their own behalf. The court will hold a hearing and issue a ruling within 48 hours, excluding weekends and holidays, after the petition is filed. If the court fails to issue a ruling within this time, the petition is deemed to have been granted, and the consent requirement is waived.

In cases where the pregnancy is the result of sexual conduct with a minor by a parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian, foster parent, or another person living in the same household, parental consent or judicial authorization is not required. In these cases, the physician performing the abortion must report the sexual conduct to law enforcement and preserve and forward a sample of the fetal tissue for use in a criminal investigation.

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