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Controversial 1864 abortion law is consigned to history, as hot-button issue tremors increase

That 1864 law made no abortion exceptions for rape or incest.
PUBLISHED SEP 14, 2024
With the repeal, Arizona’s abortion law now allows the procedure in cases of rape and incest.
With the repeal, Arizona’s abortion law now allows the procedure in cases of rape and incest.

Phoenix, Arizona: It's been 159 years since the Civil War ended, but a controversial law -- written in 1864 -- enshrining a near-total abortion ban is still making waves in Arizona. Well, not for much longer. The law is officially being repealed today after state lawmakers passed a bill, and Governor Katie Hobbs signed the repeal into law in May.

That 1864 law made no abortion exceptions for rape or incest beyond its 15-week deadline and only allows abortions to be performed beyond that date if a woman faces imminent death or permanent injury.

Governor Hobbs emphasized her commitment to protecting reproductive health, stating that this repeal is just the beginning of her efforts. “I trust women to make the decisions that are best for them,” Hobbs declared, making it clear that she believes politicians should not interfere in personal medical choices

As the November general election approaches, the issue remains a major focus for Democrats, who are pushing to enshrine abortion rights in the state constitution. Arizona voters will have the final say on this through a ballot initiative.

In the months leading up to the repeal, emotions ran high. Democratic lawmakers urged the legislature to take immediate action, and their efforts paid off when they managed to gather enough Republican support to pass the repeal in both the House and Senate.

With the repeal, Arizona’s abortion law now allows the procedure up to 15 weeks, with exceptions only to save the life of the mother after that point. However, voters will soon decide if broader abortion rights, up to fetal viability, will be protected under the state’s constitution in the upcoming general election.

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