Abortion in Arizona

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Abortion in Arizona is legal up to the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution. [1] [2]

Contents

As a territory, Arizona banned abortion in 1864, and although the law became unenforceable after the 1973 Roe v. Wade U.S. Supreme Court decision, it remained in effect. The enforcement of the total ban was prevented by an injunction in the 1973 Arizona case Nelson v. Planned Parenthood, which based its decision solely on Roe. [3] The June 2022 Dobbs v. Jackson Women's Health Organization United States Supreme Court decision overturned Roe. [4] The injunction, which was lifted on September 23, 2022, by a superior court judge in Pima County, [5] was temporarily reinstated by the Arizona Court of Appeals on October 7, 2022. [6] On December 30, 2022, the Arizona Court of Appeals ruled that the criminal penalties of the 1864 law could not be enforced. [7]

On April 9, 2024, the Republican-controlled Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced. [4] [8] This ban was repealed through legislation passed by Democratic lawmakers and five Republican lawmakers in the Arizona state legislature, and signed by Arizona Governor Katie Hobbs on May 2, 2024. [2] The repeal took effect 90 days after the legislative session ended, on September 14, 2024. [9] Attorney General Kris Mayes, a Democrat, did not enforce the ban when it was in effect. [10]

Abortion and religion have intersected in the state, particularly in the case of Sr. Margaret Mary McBride, R.S.M., a Sister of Mercy.

In a 2014 poll by Pew Research Center, 49% of Arizona adults said that abortion should be legal in all or most cases with 47% saying it should be illegal in all or most cases. [11] In a 2022 poll of 938 registered Arizona voters by OH Predictive Insights, 87% said they wanted abortion to remain legal in all or some cases. [12]

History

Territorial origins

Arizona's first ban on abortion was passed as part of the 1864 Howell Code, a year after the formation of the Arizona Territory (Arizona would not become a state until 1912). [13] [14] [15] It read: [14]

“[E]very person who shall administer or cause to be administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years: Provided, that no physician shall be affected by the last clause of this section, who in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life.”

Physicians, however, were arrested for performing abortions. [16]

In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens. [17] By 1950, the state legislature would pass a law that stating that a woman who had an abortion or actively sought to have an abortion regardless of whether she went through with it were guilty of a criminal offense. [17] By 1950, abortion was a criminal offense in Arizona. [18]

Roe v. Wade

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [17] Despite the U.S. Ninth Circuit Court of Appeals overturning Arizona's April 2012 abortion law in January 2015, the law banning abortion remains on the books. [19] [20] [21]

By 1973, when Roe v. Wade was decided, Arizona's abortion law A.R.S. § 13-3603 fully banned all abortions with prison time:

A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.

§ 13-3603 was declared unconstitutional in 1973, in Nelson v. Planned Parenthood. The case was initially heard in 1972, when it declared the law constitutional. Only the decision in Roe changed the court's decision, in a brief rehearing in 1973. [22] But the Arizona legislature never struck the law from the books. [23]

As part of the statutes around abortion clinic regulations in Arizona and Florida that existed in 2007, there is a requirement that abortion providers show women ultrasounds of their fetus before they are allowed to have an abortion. [24] Governor Jan Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks. [19] [20] In April 2012, abortion after 20 weeks of pregnancy became illegal in Arizona; [25] however, enforcement of the ban was permanently blocked under an injunction. [26] Targeted Regulation of Abortion Providers (TRAP) existed by 2013. In 2013, state TRAP law applied to medication-induced abortions and private doctor offices. [27] In 2018, the state legislature passed a law that required the Arizona Health Department to apply for Title X funds as part of their attempts to defund Planned Parenthood. [28]

Michelle Udall, Republican Representative who introduced HB 2759 Michelle Udall (34070396656).jpg
Michelle Udall, Republican Representative who introduced HB 2759

Arizona law requires that only medical doctors can perform abortions as of 2019. Women have a mandated 24-hour waiting period after seeking an abortion and must undergo in-person state-mandated counseling. [19] On January 1, 2019, a new law came into force in Arizona that required women to provide detailed medical information that was to be submitted to the state before they were allowed to have an abortion. Among the information the new law required abortion providers to collect was whether the abortion was elective or therapeutic, the number of abortions they have had in the past and information on any medical complications they have as a result of the abortion. This information is then collected by Department of Health Services, which provides the state with an annual report on abortions in the state, along with information on how the abortions are paid for in the state. [19] In 2019, women in Arizona were eligible for pregnancy-related disability-associated medical care that included abortion or miscarriage. [29] [30]

As of May 14, 2019, abortion was legally not allowed after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling and not state law. [31] On May 21, 2019, HB 2759 was introduced by Republican Representative Michelle Udall in Arizona's House with 20 other co-sponsors to provide $2.5 million annually for a period of three years to create a pilot program run by Texas anti-abortion organization Human Coalition with a purpose "to encourage healthy childbirth [and] support childbirth as an alternative to abortion." [19] The proposed legislation also said funds for this program "may not be used for abortion referral services or distributed to entities that promote, refer or perform abortions." [19]

Post-Dobbs

In June 2022, the Dobbs v. Jackson Women's Health Organization decision overturned Roe. [4] The passing of Senate Bill 1164 in March 2022, combined with the overturning of Roe, restricted abortions to before 15 weeks of pregnancy. [23] S.B. 1164 went into effect 90 days after the legislative session ended on June 30. [32] But S.B. 1164 was found not to control abortion in its entirety given that § 13-3603, which bans abortion entirely, is still on the books. These "dueling" laws led to a legal challenge. [23]

On March 18, 2024, Arizona State Senator Eva Burch stated on the Senate floor that she was pregnant with a nonviable fetus and would be having an abortion, calling on the legislature to pass new laws ending abortion restrictions in the state. [33]

The injunction, which was lifted on September 23, 2022, by a superior court judge in Pima County, [5] was temporarily reinstated by the Arizona Court of Appeals on October 7, 2022. [6] On December 30, 2022, the Arizona Court of Appeals ruled that the criminal penalties of the 1864 law could not be enforced. [7]

On April 9, 2024, the Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced, to take effect 14 days later, but with no retroactive enforcement. [4] As a result, abortion in Arizona temporarily became de jure illegal, except for when it is "necessary to save" the life of the pregnant individual. [34] [35] There were no exceptions for rape or incest, and the legally prescribed sentence for assisting in an illegal abortion is 2-5 years in prison. [34] [35] On April 26, 2024, the Arizona Supreme Court tersely rejected the Arizona Attorney General's motion for them to reconsider their decision. [36]

Arizona Attorney General Kris Mayes, a Democrat, responded to the Arizona Supreme Court decision by declaring that "as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state." [10] Mayes criticized the Arizona Supreme Court for having "risked the health and lives of Arizonans", after "effectively striking down a law passed this century and replacing it with one from 160 years ago ... when Arizona wasn't a state, the Civil War was raging, and women couldn't even vote". [10] Mayes later noted that another legal case in the Arizona Superior Court had delayed allowing enforcement of the 1864 law to be able to begin on June 8, 2024. [37]

In the Arizona House of Representatives, Republican Representatives blocked attempts to repeal the 1864 law on April 10 and April 17, but later on April 24, three Republican Representatives sided with all the Democratic representatives in passing a repeal of the 1864 law, 32–28. [38] [39] [40] In the Arizona Senate, Republican Senators blocked a repeal attempt on April 10, but later on May 1, two Republican Senators joined all Democratic Senators in passing a repeal of the 1864 law by a 16–14 vote. [38] [41] On May 2, 2024, Arizona Governor Katie Hobbs signed the bill to repeal the 1864 ban. [42]

In May 2024, the Arizona Supreme Court accepted Attorney General Mayes' request to further stay the 1864 abortion law, as they stayed enforcement of the 1864 abortion law until August 12, 2024. Mayes responded that the stay applied in the other legal case would result in another delay of enforcement to September 26, 2024. [43] The repeal took effect 90 days after the legislative session ends, on September 14, 2024. [44] [9]

November 2024 ballot proposal

In April 2024, media outlet KJZZ published a document made by a lawyer for Arizona House Republicans, which detailed plans to defeat the citizens' ballot proposal on abortion; this document was confirmed to be legitimate by Arizona House Speaker Ben Toma, a Republican, who described the document as "ideas drafted for internal discussion and consideration within the caucus". [45]

  • The first proposed Republican strategy was to offer a constitutional amendment to voters that "does not create a right to abortion", but instead protects the Arizona legislature's authority to "enact laws rationally related to promoting and preserving life and to protecting the health and safety of pregnant women", so that courts would have to consider the legislature's products "when interpreting the constitutional right to abortion". [46] [47] The proposed names for this Republican amendment were "Protecting Pregnant Women and Safe Abortions Act", the "Arizona Abortion and Reproductive Care Act" and the "Arizona Abortion Protection Act". [47]
  • The second proposed Republican strategy was named as "SEND VOTERS TWO OTHER OPTIONS THAT CONFLICT WITH AAA INITIATIVE" (the ballot proposal by Arizona for Abortion Access); the strategy presents a "15-week Reproductive Care and Abortion Act and Heartbeat Protection Act", which the document admits is "a 14-week law disguised as a 15-week law because it would only allow abortion until the beginning of the 15th week". [47] The strategy for providing this option was because it "could potentially pull votes from AAA Initiative" and make it increasingly "likely that the AAA Initiative will fail if vote is split (dilutes vote)". [45] [48] The second strategy also highlights that "Voters would read [the] Legislature's referral first on the ballot" if the Arizona legislature's proposal is given to the Arizona Secretary of State before the Arizona for Abortion Access ballot proposal is officially submitted. [46]

Arizona for Abortion Access, a campaign intending to introduce a November 2024 ballot proposal to protect abortion within the Arizona Constitution, gathered signatures up to July 2024 for their petition to introduce the amendment. [49] [50] On July 3, 2024, it was reported that the organizers working on getting signatures to get the initiative on the ballot submitted 823,685 signatures for the measure. The required amount to qualify is 383,923 signatures. Given the organizers exceeded the requirement by quite a bit, it is more likely to have qualified, barring future issues. [51]

On November 5, 2024, 2024 Arizona Proposition 139 was approved by voters. [52] It established a right to abortion in the Constitution of Arizona up until fetal viability. [53]

Clinic history

Number of abortion clinics in Arizona by year Number of abortion clinics in Arizona by year.png
Number of abortion clinics in Arizona by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by 9, going from 37 in 1982 to 28 in 1992. [54] In 2014, there were 9 abortion clinics in the state. [55] 80% of the counties in the state did not have an abortion clinic. That year, 19% of women in the state aged 15–44 lived in a county without an abortion clinic. [56] In 2019, 80% of counties in Arizona did not have a clinic that provided abortion services. This made it very difficult for most women in Arizona who wanted abortions to get one. In 2019, Northern Arizona was served by only one clinic that performed abortions, and that was a Planned Parenthood clinic which could only provide induced abortions using medication. [19] In 2017, there were 10 Planned Parenthood clinics, of which 4 offered abortion services, in a state with a population of 1,525,996 women aged 15–49. [57]

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state. [58] In 1990, 448,000 women in the state faced the risk of an unintended pregnancy. [54] In 2001, Arizona, Florida, Iowa, Louisiana, Massachusetts, and Wisconsin did not provide any residence related data regarding abortions performed in the state to the Centers for Disease Control. [59] In 2014, 49% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases, and 47% said it should be illegal in all or most cases. [60] In 2017, the state had an infant mortality rate of 5.7 deaths per 1,000 live births. [61]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [62]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Mountain69,60063,39067,0202117.918.6–12
Arizona20,60018,12019,31024.119.119.8–18
Colorado19,88015,69018,31023.61820.9–12
Idaho1,7101,5001,6007.25.86.1–15
Montana3,3003,0102,90018.216.215.6–14
Nevada13,30015,60015,45044.246.744.61
New Mexico6,4105,4505,47017.714.414.4–19
Utah3,9403,7403,7009.38.17.8–16
Wyoming4602802804.32.72.7–37
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Arizona20,60024.11992 [62]
Arizona18,12019.11995 [62]
Arizona19,31019.81996 [62]
Arizona12,9149.914912,9009.91481.22014 [63]
Arizona12,6449.614812,6559.61481.42015 [64]
Arizona13,35810.015813,33210.01580.62016 [65]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

17 states including Arizona use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, 13 of which are required by State court orders to do so. [66] In 2010, the state had fourteen publicly funded abortions, of which one was federally and thirteen were state funded. [67] In March 2019, Arizona Family Health Partnership was the primary association to receive the state's Title X funds. Planned Parenthood received around 17% of these funds while serving around 53% of all Title IX recipients. [28]

Intersections with religion

Margaret Mary McBride is a Sister of Mercy. [68] McBride was an administrator and member of the ethics committee at St. Joseph's Hospital and Medical Center, which is owned by Catholic Healthcare West (Dignity Health). [69] On November 27, 2009, the committee was consulted on the case of a 27-year-old woman who was eleven weeks pregnant with her fifth child and suffering from pulmonary hypertension. [69] [70] Her doctors stated that the woman's chance of dying if the pregnancy was allowed to continue was "close to 100 percent". [68] McBride joined the ethics committee in approving the decision to terminate the pregnancy through an induced abortion. [69] The abortion took place and the mother survived. [68]

Afterwards, the abortion came to the attention of Bishop Thomas J. Olmsted, the bishop of the Catholic Diocese of Phoenix. Olmsted spoke to McBride privately and she confirmed her participation in the procurement of the abortion. [71] Olmsted informed her that in allowing the abortion, she had incurred a latae sententiae , or automatic, excommunication. McBride was subsequently reassigned from her post as vice president of mission integration at the hospital. [69]

In December 2010, Olmsted announced that the Roman Catholic Diocese of Phoenix was severing its affiliation with the hospital, after months of discussion had failed to obtain from the hospital management a promise not to perform abortions in the future. "If we are presented with a situation in which a pregnancy threatens a woman's life, our first priority is to save both patients. If that is not possible, we will always save the life we can save, and that is what we did in this case," said hospital president Linda Hunt. "Morally, ethically, and legally, we simply cannot stand by and let someone die whose life we might be able to save." [72]

Abortion rights views and activities

Phoenix Women's March in 2017 PHX Women's March (31625135904).jpg
Phoenix Women's March in 2017

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [21] On May 21, 2019, large number of women protested abortion laws passed in other states outside the Arizona Capitol building. [19]

Protests began in Phoenix around 7:00 p.m. MST June 24, 2022 in response to the overturning of Roe v. Wade . [73] Demonstrations moved to the Arizona State Capitol, with it being mostly peaceful. Protestors began banging on the building around 8:30 pm, [74] prompting an evacuation of lawmakers and staff, which led to SWAT officers being deployed around the building. [75] The protests were later called "an insurrection aimed at overthrowing the state government" by Republican Senate President Karen Fann; the Arizona Department of Public Safety fired tear gas when protestors attempted to break into the building. On June 25 a smaller number of people protested, with four people arrested on suspicion of rioting and disorderly conduct, including an identified member of the National Lawyers Guild Legal observer. [76] Protestors marched through Phoenix again on July 1. [77]

On January 20, 2024, thousands of abortion rights protesters rallied and marched at more than 100 Women's March events nationwide, with the main events held in Phoenix, Arizona and Washington, DC. [78] [79]

On April 9, 2024, an abortion-rights protest was held in Phoenix following the Arizona Supreme Court's decision to allow a near-total abortion ban from 1864 to take effect. [80]

On April 11, 2024, Democrats in the Arizona state senate began chanting "Shame! Shame! Shame on you!" following the Republicans' decision to block an effort by Democrats to repeal the 1864 ban. [81]

On April 17, 2024, hundreds of abortion rights protesters rallied outside of the Arizona State Capitol in Phoenix. [82]

On June 8, 2024, Vote For Abortion kicked off its campaign with a bus tour across Phoenix, ending with a rally outside the Arizona State House. [83]

Activists

Sherri Finkbine

One notable 1962 case dealt with a woman named Sherri Finkbine. An Arizona resident since 1958, Finkbine then had four healthy children, ages 7, 5, 3, and 18 months. During her pregnancy with her fifth child, she discovered the child might have severe deformities. [84] Finkbine had been taking sleeping pills that contained a drug called thalidomide, which was also very popular in several countries. [85] She had later learned that the drug was causing fetal deformities and she wanted to warn the general public. Finkbine strongly wanted an abortion; however, the abortion laws of Arizona limited her decision. In Arizona, an abortion could only occur if the mother's life was in danger. Physicians at Good Samaritan Hospital approved a therapeutic abortion. However, prior to the scheduled procedure, Finkbine told her story to The Arizona Republic to warn other women about the dangers of the drug. At her request, the newspaper did not publish her name; however, it did publish enough information to identify her. [86] [87] The hospital, seeking to avoid exposure to criminal proceedings against its physicians, sought a declaratory judgment that the scheduled therapeutic abortion met the exception to the Arizona law banning all abortions except where necessary to save the life of the mother. The court denied the request on procedural grounds. On August 5, 1962, Finkbine traveled to Sweden, where after a two-week evaluation, she was able to obtain a legal abortion. Swedish physicians confirmed the fetus was severely malformed. [88]

Related Research Articles

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant individual.

Abortion in Texas is illegal in most cases. There are nominally exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas.

Abortion in Louisiana is illegal as of August 1, 2022.

Abortion in Illinois is legal up to the point of fetal viability. Laws about abortion dated to the early 1800s in Illinois; the first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. As hospitals set up barriers in the 1950s, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. Illinois updated its existing abortion laws in June 2019. The state has seen a decline in the number of abortion clinics over the years, going from 58 in 1982 to 47 in 1992 to 24 in 2014.

As of 2024, abortion is illegal in Indiana. It is only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1, 2023, was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. However, on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.

Abortion in Massachusetts is legal, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-abortion rights states in the country; a 2014 Pew Research poll found that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state in 2014. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019. The 2023 American Values Atlas reported that, in their most recent survey, 78% of people from Massachusetts said that abortion should be legal in all or most cases.

Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.

Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman". Tennessee is one of four states which prohibit abortion in their state constitution; alongside Alabama, Louisiana, and West Virginia.

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect. Prior to this, the gestational limit was unclear. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent. New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting and only Democratic state legislators opposing. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.

Abortion in Iowa is illegal after detection of embryonic cardiac-cell activity. Embryonic cardiac-cell activity can be detected from around six weeks after the pregnant individual's last menstrual period, when many people are not yet aware that they are pregnant. Exceptions for the abortion ban after detected embryonic cardiac-cell activity include some instances of rape, incest, fetal abnormalities and threats to the pregnant individual's life.

Box v. Planned Parenthood of Indiana and Kentucky, Inc., No. 18-483, 587 U.S. ___, 139 S.Ct. 1780 (2019), was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.

Planned Parenthood Arizona, et al. v. Kris Mayes was an Arizona Supreme Court case in which the court upheld an 1864 law criminalizing abortions except to save the life of the mother. Arizona Attorney General Kris Mayes did not enforce the law when it was in effect. The law was repealed on May 2, 2024, and the repeal took effect on September 14, 2024. 2024 Arizona Proposition 139 passed on November 5, 2024, establishing a right to abortion in the Constitution of Arizona.

References

  1. ↑ "Arizona voters enshrine abortion rights in state constitution". NBC News. November 6, 2024. Retrieved November 6, 2024.
  2. 1 2 Govindarao, Sejal (2024). "Arizona's 1864 abortion ban is officially off the books". The Associated Press.
  3. ↑ "Nelson v. Planned Parenthood Ctr. of Tucson, Inc.". Casetext. January 30, 1973. Retrieved October 8, 2022.
  4. 1 2 3 4 Stern, Ray; Barchenger, Stacey. "Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules". The Arizona Republic. Archived from the original on April 9, 2024. Retrieved April 9, 2024.
  5. 1 2 Christie, Bob (September 23, 2022). "Arizona judge: State can enforce near-total abortion ban". ABC News. Retrieved September 24, 2022.
  6. 1 2 "Arizona appeals court reinstates injunction blocking abortion ban". Politico. Associated Press. October 7, 2022. Retrieved October 8, 2022.
  7. 1 2 Billeaud, Jacques (December 30, 2022). "Court: Abortion doctors can't be charged under Arizona law". AP News. Retrieved December 31, 2022.
  8. ↑ Fischer, Howard. "Ruling: Near-total abortion ban is law in Arizona". tucson.com. Arizona Daily Star. Retrieved April 9, 2024.
  9. 1 2 Snow, Anita; Lee, Morgan. "Arizona's Democratic governor signs a bill to repeal 1864 ban on most abortions". AP News. Retrieved May 2, 2024.
  10. 1 2 3 Grenoble, Ryan (April 9, 2024). "Arizona Attorney General Says She Wouldn't Enforce 'Unconscionable' Abortion Ban". The Huffington Post . Retrieved April 10, 2024.
  11. ↑ "Views about abortion among adults in Arizona". Pew Research Center. July 5, 2015. Retrieved October 8, 2022.
  12. ↑ Davis-Young, Katherine (June 15, 2022). "Poll: Most Arizona voters want abortion to remain legal". KJZZ. Retrieved October 8, 2022.
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