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On Tuesday, the Arizona Supreme Court ruled 4-2 that an 1864 law banning abortion except in extreme circumstances is still enforceable. Originally codified in 1901, the law banned medical abortions unless a pregnant person’s life was in danger. The state can charge any person who performs or aids another in obtaining an abortion with a felony. If convicted, they may face between two and five years in prison.
The decision has been placed on a 14-day hold until a lower court hears additional arguments about the law’s constitutionality. The hold, coupled with a 45-day enforcement delay, means that it will go into effect roughly two months from now.
“It is a dark day in Arizona,” said Gov. Katie Hobbs at a Tuesday press conference. “[The] near total civil war era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.”
In 2022, the state passed a ban on abortions after the 15-week mark. Once in effect, Tuesday’s ruling will supersede the previous law.
Almost two years ago, the Dobbs decision overturned Roe v Wade. Abortion continues to be a hot political topic that Republican and Democratic candidates alike often reference. Former President Donald Trump recently expressed his opinion that the matter should be left up to the states. At the start of the year, Vice President Kamala Harris kicked off the Reproductive Freedoms tour. This early campaign effort was to establish the administration’s stance on abortion access.
Continued Attacks on Reproductive Freedom
Before the release of the Dobbs decision, several states had already begun to place restrictions on abortion. The decision upheld pre-existing bans on abortion in Oklahoma and West Virginia. Many states had “trigger laws” that went into effect immediately following the overturn of Roe v Wade.
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Almost half of US states uphold the right to a safe abortion, whereas the other half have restricted access to it. This year, other aspects of reproductive rights have shifted into the spotlight.
Fetus Personhood
In vitro fertilization is a costly and strenuous procedure that isn’t always feasible for those who struggle with infertility. However, it is a viable option for those who cannot get pregnant on their own and can afford the $14,000-$30,000 bill.
On February 16, Alabama’s Supreme Court ruled that frozen embryos created through IVF are considered children. This effectively granted embryos personhood.
The case centered around an incident in which several embryos were destroyed in a hospital fertility clinic. A patient had found their way into the clinic and opened the cryo-preservation unit that stored several frozen embryos created through IVF. The patient then dropped the embryos, which destroyed them. The parents then filed a wrongful death of a minor lawsuit against the hospital.
Before this year’s IVF ruling, the Alabama Supreme Court decided in 2013 that fetuses are legally children. This was regarding the state’s chemical endangerment of a child law. As it stands now, the state can prosecute women who use illicit substances while pregnant for endangering their unborn children.
Thirteen other states, including Georgia, Missouri, and South Carolina, have proposed embryo personhood copycat laws.
Additionally, at least 38 states have fetal homicide laws. Individuals in these states who experience pregnancy loss could potentially face homicide charges.
In 2020, an Oklahoma woman who experienced a miscarriage was charged with first-degree manslaughter. Brittney Poolaw was 19 at the time of her arrest and had struggled with substance abuse. Despite the medical examiner stating the fetus had a congenital abnormality, prosecutors persisted that Poolaw’s use of methamphetamine was the cause. The jury found Poolaw guilty and sentenced her to four years in prison.
