This page was last updated on April 10, 2024.
On April 9, 2024, the Supreme Court of Arizona issued a decision in the case, Planned Parenthood Arizona v. Mayes, allowing the state to enforce an 1864 pre-statehood, near-total ban on abortion against medical providers.
However, as devastating as this decision is, abortion is still accessible in Arizona for a limited period of time under the state’s current 15-week ban.
If allowed to go into effect, this ruling will have far-reaching consequences for the people of Arizona and goes against what most of our state believes – everyone must have the freedom to make their own healthcare decision, including when to start or expand their family.
JOIN US: STAND UP AGAINST ANY AND ALL ABORTION BANS
Prior to this ruling, the court of appeals ruled that doctors in the state could provide abortion care up to 15 weeks of pregnancy, in accordance with a ban passed in 2022. The effects of bans on abortion care are extensive and dangerous, forcing people to travel for necessary medical care, carrying a pregnancy against their will, as well as serious risk of harm and even death for patients.
Although the Arizona Supreme Court ruled that the 1864 law can be enforced, the state is currently barred from enforcing it due to a stay in the Planned Parenthood Arizona case. In addition, a lawsuit filed in the Maricopa County Superior Court in October 2022 by the ACLU of Arizona, the ACLU, and the Center for Reproductive Rights includes a non-enforcement order barring the state from enforcing the 1864 ban until 45 days after the Arizona Supreme Court issues its mandate in the Planned Parenthood Arizona case.
The ACLU of Arizona is committed to defending and expanding reproductive freedom and is a proud supporter of Arizona for Abortion Access. Now, more than ever, the opportunity to enshrine the right to abortion in our state’s constitution has never been more necessary.
HELP US PUT THE INITIATIVE ON THE BALLOT
When the Supreme Court overturned Roe v. Wade on June 24, 2022, Arizonans were tossed into a sea of uncertainty about the ability to access abortion care. The decision caused devastating clinic closures and conflicting messages from the state’s top elected officials increased confusion. The ramifications of overturning Roe led to ongoing court battles to determine if the near-total abortion ban from 1864 would go into effect.
Abortion bans hurt all of us, and we must keep fighting to ensure full access to care.
Arizonans have faced attacks to restrict abortion access for decades. Even before Roe v. Wade was overturned, state lawmakers passed many unnecessary restrictions on abortion that make this form of healthcare less safe and disproportionately impact the same people who have always faced systemic barriers to care — communities of color, people living on low-incomes, undocumented immigrants, young people, the LGBTQ+ community, and people with disabilities.
The ACLU of Arizona is committed to working with impacted communities, partners, and allies to protect comprehensive reproductive health care, including abortion. We will continue to fight in the courts, in statehouses, in Congress, at the ballot box, and in communities across the state until everyone can access safe, affordable, and reliable care that is free from stigma.
