Leaders, activists and groups across Arizona are reacting to the state Supreme Court’s ruling to revert to a 1864 pre-statehood law, handing Arizona one of the strictest abortion bans in the country.
Under the new law, there are exceptions for saving the life of a mother, but no exceptions for rape or incest.
Arizona voters are expected to be able to weigh in on the matter in November – a ballot initiative aims to write abortion rights directly into the state constitution.
RELATED: A year in Arizona following the fall of Roe v. Wade
GOVERNOR KATIE HOBBS:
Todays Supreme Court decision is absolutely devastating for Arizona women and families who will now be forced to live with the threat of a Civil War era abortion ban. Arizonans do not support extreme abortion bans, Arizonans do not want politicians and the government dictating their personal healthcare decisions, and Arizonans do not want their freedoms taken away. With todays ruling, it is more urgent than ever that Arizonans have the opportunity to vote to enshrine the right to abortion in our constitution this November. Im confident that Arizonans will support this ballot measure, and Im going to continue doing everything in my power to make sure it is successful.
PRESIDENT JOE BIDEN:
Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest. This cruel ban was first enacted in 1864more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote. This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away womens freedom.Vice President Harris and I stand with the vast majority of Americans who support a womans right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state.
FORMER GOV. DOUG DUCEY:
I signed the 15-week law as Governor because it is thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on. The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of the people and address this issue with a policy that is workable and reflective of our electorate.
ATTORNEY GENERAL KRIS MAYES:
The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.
SENATOR MARK KELLY:
This disastrous decision sets womens rights in our state back two centuries and means that Arizona women have now lost the right to an abortion. It will criminalize doctors for doing their jobs providing the most appropriate care to patients, which will undoubtedly have a devastating effect on the health and freedom of Arizona women and families. And its just not who we are as Arizonans,
said Kelly.
This backwards law may have been written 160 years ago, but it’s going to be reinstated because of politicians who worked to overturn Roe v. Wade and its protections for abortion rights. I know this is a difficult day for so many Arizonans, and trust that Im going to fight as hard as ever to restore reproductive rights so that Arizona women can once again make these decisions for themselves.
SENATE CANDIDATE KARI LAKE:
SENATE CANDIDATE/REP. RUBEN GALLEGO:
Todays ruling is devastating for Arizona women and their families. This is not what Arizonans want, and women could die because of it. Yet again, extremist politicians like Kari Lake are forcing themselves into doctors’ offices and ripping away the right for women to make their own healthcare decisions. Lake called this a great law – even though it will ban nearly all abortions, including in cases of rape or incest.Our fight against extremist bans like the one enacted today has never been more important which is why Im committed to doing whatever it takes to protect abortion rights at the federal level. This isnt about partisanship its about protecting Arizonans rights. And here in Arizona, we support a womans right to an abortion which is why I am going to defeat Kari Lake and fight like hell to protect abortion rights once and for all.
REP. GREG STANTON:
The Arizona Supreme Court has allowed a near-total abortion ban to go into effect one written before Arizona was a state, before women could vote. Under this extreme law, women will die and their doctors and nurses will be criminalized.This cannot stand. We will not stay silent in the face of these outrageous attacks on our fundamental freedoms. In Congress, Ill keep fighting to restore the protections under Roe v. Wade as the law of the land.But the stakes this November couldnt be higher, and Arizonans must forcefully reject this extreme overreach by passing the Arizona Right to Abortion Initiative to finally enshrine the right to safe, legal reproductive care in our states constitution.
REP. RAUL GRIJALVA:
The Arizona Supreme Courts ruling is a cruel and regressive decision that is part of the national assault by Republicans to ban and criminalize abortion nationwide. It underscores the importance of the upcoming election in November that will determine the future of reproductive rights in our state and across the country.I applaud Attorney General Mayes commitment not to prosecute under a law from a time when Arizona was not even a state and women did not have the right to vote. I call for the Arizona legislature to permanently codify and safeguard the right to access affordable, comprehensive abortion care, and contraceptives for Arizonans without delay.I will continue to push and support legislation in Congress, including the Womens Health Protection Act, to protect the right to abortion throughout the United States, block the barrage of state bans and restrictions on abortion, and overturn Dobbs v. Jackson to ensure a persons freedom to make decisions about their own reproductive health care is between them and a health care provider not the government.
ANGELA FLOREZ, PRESIDENT AND CEO OF PLANNED PARENTHOOD ARIZONA
Todays deplorable decision sends Arizona back nearly 150 years. We know that todays ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access. Instead, it is the latest card in anti-abortion extremists deck of cruel and harmful tactics to strip Arizonans of their right to live under a rule of law that respects our bodily autonomy and reproductive decisions. It is unfortunate and unacceptable that Arizonans cannot even depend on our Supreme Court to look past personal ideology and impartially apply the law.We know that abortion bans, including this one from the Civil War-era, are rooted in Americas legacy of racism and discrimination. This near-total abortion ban will be catastrophic for patient care and will have the greatest impact on Black, Indigenous, Latino, and other people of color, young people, LGBTQ+ people, and undocumented people.Let me be clear, this is not the end of our fight. This law has no place in Arizona. While today we feel frustrated and dismayed with the Court for stripping our legal right to essential health care, we must harness our anger and take action. We must spread the word and urge our lawmakers to support reproductive freedom and bodily autonomy.
DR. JILL GIBSON, CHIEF MEDICAL OFFICER AT PLANNED PARENTHOOD ARIZONA:
Today is a dark day for Arizona. As a doctor, I know first-hand that abortion bans and criminalizing abortion do not reduce the very real need and demand for this essential health care. Instead, bans force people to carry unwanted pregnancies, seek abortion outside of the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care which is simply not possible for many Arizonans.I took an oath as a physician to provide nonjudgmental, safe, compassionate and evidence-based care for my patients. And to soon not be able to provide my patients with that care is completely unacceptable and antithetical to my medical obligations and unfair and unjust to our community.This case will not be the last attempt by anti-abortion activists to roll back rights. While our Legislature and our courts have failed us, Planned Parenthood Arizona will keep fighting.
ACLU OF ARIZONA:
“Today’s shameful decision to allow an antiquated and dangerous near-total abortion ban to be enforced will have tragic consequences for Arizonans and their families. Arizonans deserve the right to make personal decisions about their reproductive health care, free from government interference. We are devastated by today’s ruling but we remain committed to defending reproductive freedom in the courts, at the legislature, as well as in communities across the state towards the passage of the Arizona for Abortion Access Act this November. The urgency to enshrine the right to abortion in our state’s constitution has never been more necessary.”
REP. ANALISE ORTIZ:
The Arizona Supreme Court just ruled that the state’s Civil-War era total ban on abortion can be enforced.This means that nearly all abortions in the state will be illegal.There is a 45 day window for implementation, meaning that if you or anyone you know may need abortion care that there will be time to access that care. If you or anyone you know may need care after this period, there are resources and a statewide abortion fund that has networks established and an ability to work with out of state providers already. Please know that there are resources and to reach out if you need support.I am devastated. No matter how one might personally feel about abortion, the government should not interfere with a person’s right to choose for themselves whether abortion is the right option for them. This decision will lead to desperate and deadly outcomes for pregnant people. No one should be forced to give birth against their will nor should they have to travel out-of-state to access healthcare. And they most certainly should not have to risk their lives due to a lack of access to abortion.For decades, Arizona politicians have forced themselves into our private, personal health care decisions. Today’s ruling shows they’ll stop at nothing to strip us of the freedom to make personal, medical decisions for ourselves.I will not stop fighting, Kianey, and you are not alone.Please reach out if you have any further questions or need resources.Sincerely,Rep. Analise Ortiz
DEMOCRATIC CONGRESSIONAL CANDIDATE MARLENE GALAN-WOODS:
“This is a devastating and draconian decision that will be celebrated by anti-choice extremists like David Schweikert who want to systematically dismantle reproductive freedom and access to life-saving healthcare in Arizona,” Galn-Woods said. “Here in Arizona, we have the opportunity to enshrine abortion rights in our constitution this fall and we must pass this amendment to protect women across the state. However, we must also stop these attacks on our fundamental rights and freedoms by replacing these extremists with strong pro-choice champions, and passing a national law protecting abortion access. I will work tirelessly to ensure that my daughters, and women and girls across the country, continue to have access to reproductive healthcare and have power over their own bodies.”
ARIZONA RIGHT TO LIFE:
In response to today’s ruling by the Arizona Supreme Court, we are delighted that the court recognized and upheld Arizona’s long history of protecting unborn babies and their mothers.Arizona Right to Life will continue to work to tirelessly to educate the voters to ensure the truth about the Arizona Abortion Act– which would legalize abortion up to birth, their words, after fetal viability. Arizona Right to Life will also continue Arizona’s pro-life legacy.
DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE SPOKESPERSON MAEVE COYLE:
This terrible ruling underscores the threat Kari Lakes power hungry politics pose to Arizonas women and families. She has been a long and loud advocate for taking away womens freedom to make their most personal medical decisions for themselves including supporting the 1864 law that Arizonans must now live under outlawing nearly all abortions, without exceptions for rape or incest and imposing criminal punishments on doctors. To restore their rights and freedoms, Arizonans must reject this abortion ban and reject Kari Lake at the ballot box.
BERNADETTE TASY (ALLIANCE DEFENDING FREEDOM):
Life is a human right, and todays decision allows the state to respect that right and fully protect life againjust as the legislature intended, said ADF Senior Counsel Jake Warner, who argued before the court. Life begins at conception. At just six weeks, unborn babies hearts begin to beat. At eight weeks, they have fingers and toes. And at 10 weeks, their unique fingerprints begin to form. Arizonas pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, have repeatedly affirmed that law, including as recently as 2022. We celebrate the Arizona Supreme Courts decision that allows the states pro-life law to again protect the lives of countless, innocent unborn children.
STATE SENATOR T.J. SHOPE:
Just a few years ago, when I voted to limit abortions to 15-Weeks (almost four months) in Arizona, I believed then, as I do now, that 15 weeks is what my district believes to be an appropriate timeline. Outreach from my constituents confirmed that to be the case. Todays Arizona Supreme Court decision reinstating an Arizona Territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least and has ignored our legislative intent. I will immediately work with my legislative colleagues to repeal the territorial law so that the policy we placed in Statute, just two years ago, that places reasonable limitations on abortion that a majority of Arizonans support, can stand.
REP. MATT GRESS:
“Today, the Arizona Supreme Court has ruled an 1864 abortion law passed by Arizonas first Territorial Legislature will be the law of the land in 2024. This territorial law which was last updated in 1913 bans abortions, except to save the life of the mother.Let me be very clear: This decision cannot stand.I categorically reject rolling back the clock to a time when slavery was still legal and where we could lock up women and doctors because of an abortion. I cannot and will not condemn women, especially the victims of rape or incest, to be forced to carry their pregnancy to term. We need a policy that protects the rights of women and protects new life. We need laws that respect women and the difficult decision to end a pregnancy in the early stages, before the fetus can feel pain or live outside the womb. And we need to ensure access to contraceptives and IVF.I believe that a 15-week abortion policy with reasonable exceptions, including rape, incest, and life of the mother, is appropriate. Thats not just my view, but the opinion of most Arizonans living in the year 2024.The extremes want us to see this issue in black and white. But we all know that abortion is far more complex. The many women whove shared their personal stories with me of getting abortions did not make that decision lightly. In fact, for some, it was one of the most difficult. As policymakers, we should be looking for ways to empower these women not take them back in time.Yet here we are in 2024, with polar opposite sides seeking to exploit and divide us on an issue where the vast majority agree. Going too far on either side territorial bans or partial-birth abortions only distracts us from an even more important matter: womens health.Why arent we talking about the fact that of all the Arizona mothers who die from pregnancy or delivery complications, 90% of those deaths were preventable. We should be passing laws that open the doors for more OBGYNs to come to our state, especially in rural and tribal areas. Until two years ago, our state Medicaid program was paying only a fraction of the actual cost to deliver a baby, despite covering over half of the births in our state. These are just a few examples of the gender-based disparities in healthcare today.I could also list the studies on prevalent misdiagnoses or the disbelief and undertreatment of womens pain or the woefully inadequate investment in research on womens health conditions.But the sensational, cynical, and dishonest politics of the abortion debate have crowded out serious and real policies that protect women and new life.Abortion as a political wedge issue needs to end. I call on President Petersen and Speaker Toma to immediately bring to the floor a measure that will repeal the territorial ban and restore modern-day protections for Arizona women.”