Arizona’s attorney general will not enforce a near-total abortion ban until the beginning of 2023, allowing Planned Parenthood clinics to resume abortion procedures in the state.
In a similar case to Michigan's 1931 law, Arizona's abortion ban dates back to 1864 and was only blocked in 1973 when Roe v. Wade was first established. Ever since the Supreme Court decided to overturn the landmark case this year, the validity of the ancient restrictions has been widely debated.
The law only includes exceptions if the life of the patient is endangered, and carries a prison sentence of two to five years. A lower court allowed the law to reinstate on September 23, before it was blocked on October 7 by an appeals court. The case is expected to be appealed back to the Supreme Court early 2023.
Following the attorney general's decision, head of Planned Parenthood Arizona, Brittany Fonteno, said at a news conference via The Associated Pressthat while this brings a period of respite for the state, they are not out of the woods yet.
“While we are celebrating today, we can’t ignore that we are still on a long an uncertain path to restoring the fundamental right to abortion in Arizona, and making this essential healthcare truly accessible and equitable for all people," she said. "While abortion is currently legal in Arizona and we have resumed abortion care throughout the state, we know that this could very well be temporary.”
State law now limits abortions at 15 weeks. Under Roe, abortions were legally protected until up to 24 weeks. Another law threatening Arizona is the state's "personhood" law, which classifies fetuses, embryos, and fertilized eggs as “people” starting at the point of conception.
The ACLU filed a lawsuit to block the "personhood" law, explaining: "The vague provision placed both providers and pregnant people at risk of arbitrary prosecution."
“Arizona's personhood provision was crafted recklessly by extremist lawmakers in their harmful quest to eradicate abortion access in the state,” explained Victoria López, director of program and strategy of the ACLU of Arizona. “While we’re glad that the court has blocked it and that prosecutors can't use this to go after pregnant people or providers, the fight for abortion access continues. Over 80 percent of Arizona voters want abortion to remain legal – and we'll continue to fight for that freedom.”
