Arizona’s bold step back in time: Revival of a 1864 law nearly banning abortion stirs controversy

With an unexpected move that feels like stepping into a time machine, Arizona's Supreme Court has brought back to life a law from the year 1864.

Arizona brings back controversial law from 1864 #

This law essentially bans abortion, leaving the state where this medical procedure was already prohibited after fifteen weeks of pregnancy since 2022, in a more stringent position.

This decision, which was made by the highest court of the western American state, was reached by a four-to-two vote. The endorsement came from an obstetrician against abortion and a county prosecutor.

Strong opposition and potential consequences #

The resurrection of this law has been met with fervent opposition. Kris Mayes, the attorney general of Arizona and a Democrat, has labeled the decision as an « insult to freedom. » She made it clear that she has no intention of prosecuting doctors or women under what she terms as a « draconian law ».

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The law from the Civil War era, when Arizona wasn’t even a state and women didn’t have the right to vote, prohibits all abortions unless the mother’s life is at risk. The penalty? A jail term of five years for anyone performing an abortion.

A battle far from over #

The battle over abortion rights is far from over in Arizona. Several pro-choice groups recently announced that they have gathered enough signatures to bring the issue of including the right to abortion up to the fetus’ viability in the state constitution to a referendum this November.

The struggle between pro-life and pro-choice groups has been intense in the United States since the federal Supreme Court revoked the Roe vs Wade ruling from 1973, which initially paved the path to abortion’s legalization countrywide, in June 2022.

The following key points summarize the ongoing debate in Arizona:

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  • The Supreme Court of Arizona reinstates a 1864 law almost completely banning abortion.
  • The law only allows abortion if the mother’s life is in danger; otherwise, it imposes a five-year prison sentence for anyone performing an abortion.
  • Pro-choice groups have gathered enough signatures to potentially include the right to an abortion in the state constitution.
  • The struggle between pro-life and pro-choice groups intensifies in the United States following the revocation of the Roe vs Wade ruling.

On one side of the battlefield, Republican politicians and conservative religious groups aim to limit or ban abortion. On the other side stands Democratic President Joe Biden, staunchly defending women’s right to their bodies. In reaction to the Supreme Court decision in Phoenix, he stated, « This decision is the result of the extremist program of the elected Republicans who are committed to depriving women of their freedom. »

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