“A Profound Violation”: Secular AZ’s Legal Director on the Arizona 1864 Abortion Ban

The court in Planned Parenthood et al v. Hazelrigg et al released on May 9, 2024 said that A.R.S. §13-3603 (the existing ban dating from 1864 and recodified several times) and the statute passed in 2022 (A.R.S. §36-2322) are not in conflict and that the legislature intended for A.R.S. §13-3603 to remain the law if Roe v. Wade fell.  The majority reading them together (harmonizing) the law said all abortions except those necessary to save a woman’s life are illegal.

All the abortion restrictions on the books remain applicable to any abortion done to save the life of the woman. The total ban cannot be applied retrospectively.

The court says they are only deferring to the legislature decision which is their obligation. But they also rely heavily on a session law note in the original bill SB1164 (2022) that says they don’t intend to create an abortion right or overturn A.R.S. §13-3603. A session law note is not the law nor is it in the statute.

Click here to read the rest of the article on Secular AZ’s Substack.