Arizona’s 19th-century abortion law officially repealed

The 19th-century abortion law in the battleground state of Arizona was officially repealed on Saturday. 

The 1864 law, which was initially passed even before Arizona became a state, was revoked with Saturday marking the 90th day that the state legislature adjourned for the year. The Civil War-era law banned nearly all abortions except in the cases to save the life of the mother. 

The fight over access to abortions in the state started earlier this year. Arizona’s highest court upheld the 1864 law in early April, making abortions almost entirely illegal in the Grand Canyon State. Then, in early May, Arizona Gov. Katie Hobbs (D) signed legislation to repeal the state’s Civil War-era ban, just a day after it passed through the Republican-controlled state Senate. 

“While I am proud to sign this bill and provide a moment of relief for Arizonans, we still have work to do,” Hobbs said at the time. “The level of chaos and confusion that will occur from multiple bans at different times … we know how terrible this ban will be, and we’re going to do everything possible to make sure it doesn’t go into effect.”

With the repeal being official, the state will revert back to the 15-week abortion ban. The law has an exception for the life of the mother, but none for cases of incest or rape. 

Arizona voters could make abortion a fundamental right in their constitution this November. Arizona for Abortion Access, the group spearheading the initiative, garnered enough signatures for the measure to be on the ballot. Arizona Secretary of State Adrian Fontes (D) said in mid-August that the measure got nearly 200,000 more than the required number of signatures and will be on the ballot as “Proposition 139.”