Politicians love to claim Dobbs v. Jackson Women’s Health Organization “returned the issue of abortion to the states,” as if that means fair and open debate. But Arizona laws against abortion go all the way back to the 19th century, before modern medicine and a woman’s right to vote.
In 1864, Arizona passed a near-total abortion ban, criminalizing doctors who provided care. The law sat dormant under Roe v. Wade, but when Dobbs overturned federal abortion protections, Arizona’s anti-abortion lawmakers saw an opportunity to resurrect it.
In April 2024, the Arizona Supreme Court ruled that the 1864 law was enforceable, a decision that could have eliminated nearly all abortion access in the state overnight.
Lawmakers and voters pushed back hard. The Arizona Legislature repealed the 1864 abortion law the following month, and Governor Katie Hobbs signed the repeal into law. But Arizona still enforces other abortion restrictions, and anti-abortion politicians are already planning their next moves.
Arizona’s repeal of its territorial-era abortion ban proves that dangerous laws do not disappear on their own. They must be removed through direct legislative action, or they will be used to take away reproductive rights again.
Arizona Banned Abortion Before Women Had Rights
Here in Arizona, where I practice medicine, our state attorney general sought to enforce an 1864 abortion ban passed before Arizona was even a state. While his effort was not successful, it’s helpful to review why we must strike such antiquated laws from the books.
The 19th-century law did the following:
- Banned nearly all abortions except to save the pregnant person’s life.
- Threatened doctors with prosecution, with penalties that included imprisonment.
- Ignored modern medical advancements, including safe abortion procedures and prenatal care options.
The law stayed on the books for over 150 years, becoming unenforceable under Roe v. Wade. When the Dobbs decision overturned Roe, Arizona’s Republican attorney general declared the 1864 law valid.
After the court’s decision, abortion providers faced immediate legal uncertainty. Clinics paused care, awaiting guidance regarding multiple conflicting laws that could imprison doctors for noncompliance.
How Lawmakers Repealed the 1864 Abortion Ban
Public outrage forced lawmakers to act. The Arizona Legislature passed a repeal measure in May 2024, with two Republican senators joining Democrats to remove the law. Governor Katie Hobbs signed the repeal into law, ensuring the 1864 ban could no longer be enforced.
The repeal was necessary for legal clarity and patient safety. With the law removed, doctors no longer faced threats of prosecution for providing care, and patients didn’t have to fear being charged with an abortion crime. Additionally, the Arizona Supreme Court cannot reinstate the law later.
However, the repeal did not fully restore abortion rights in Arizona. The state still enforced a 15-week abortion ban that was permanently blocked by a court a recent court decision, and anti-abortion lawmakers continue introducing new restrictions on top of already existing mandatory waiting periods between counseling and the abortion procedure and parental consent requirements.
Some of their recent proposals include:
- A new ballot referral is a direct attack on the constitutional amendment enshrined through the passage of Proposition 139.
- HB2547, which targets abortions and public funding. The bill also introduces prohibition measures.
- Jeopardizing Arizona’s healthcare institutions by preventing any facility that accepts public funding, such as Medicaid, from performing or even referring patients for abortion care.
- Imposing unconstitutional restrictions on medication abortion.
Other States With Abortion Bans
Arizona is not the only state dealing with pre-Roe abortion bans. Across the country, anti-abortion politicians are reviving 19th- and early 20th-century laws that were unenforceable for decades. States like Wisconsin, Michigan, and West Virginia all faced legal battles over pre-Roe abortion bans in the wake of Dobbs.
Without repeal, these laws remain a loaded gun in the hands of anti-abortion politicians. If they regain control of state governments, they can reinstate these laws instantly.
This is why we need to repeal old abortion bans:
- Prevents sudden loss of abortion access if political leadership changes.
- Protects providers from legal threats, ensuring they can safely offer care.
- Reduces our reliance on increasingly conservative courts to protect patients and doctors.
Arizona’s repeal fight proves that abortion bans do not disappear on their own. Lawmakers must actively remove them from state laws before they are enforced again.
How Voters Can Protect Abortion Rights
Abortion bans are political decisions. Protecting abortion rights requires political action. Voters have already shown their power—when abortion is on the ballot, people vote to protect it.
In Arizona, as well as other states, the most effective ways to keep abortion legal include:
1. Electing Pro-Abortion Rights Legislators
The Arizona Legislature still has anti-abortion politicians in office who will push for new restrictions. This majority has shown little interest in repealing existing abortion restrictions.
Meanwhile, in January 2025, Democratic lawmakers introduced eight bills aimed at repealing some of the state’s 40 abortion laws. However, given the Republican majority in both chambers, the bills did not advance.
2. Supporting Ballot Initiatives
Although not a 50-state solution, several states have passed constitutional amendments to protect abortion access. In the 2024 elections, voters in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York approved measures enshrining the right to abortion in their state constitutions.
These amendments generally protect the right to abortion before fetal viability and, in some cases, allow for exceptions beyond that point to protect the life or health of the pregnant individual.
It is also important to remember that writing viability into state constitutions does ban abortion care for people who need it later in pregnancy. As we see in news reports around the country, people are not receiving abortion care for the supposed legal exceptions.
Protecting Abortion Rights Requires Action—Now
Arizona lawmakers repealed the 1864 abortion ban because voters, activists, and pro-abortion rights legislators refused to let an outdated law control people’s lives. That victory was necessary, but it was not enough. The same politicians who tried to enforce a 19th-century abortion ban are still in office, and they are already looking for new ways to restrict access.
This is not just an Arizona issue.
What are anti-abortion lawmakers doing in your state? Have they introduced bans under the radar? Are they pushing restrictions on medication abortion or targeting doctors? Are they planning ballot initiatives to limit abortion rights?
The playbook is the same everywhere. We must continue to fight back, or abortion access will disappear.
Abortion rights depend on individual action at every level—state, local, and personal. Here’s how you can protect reproductive freedom where you live:
- Follow Organizations That Track Legislation. Stay informed about abortion-related bills in your legislature. If lawmakers introduce restrictions, call them out, attend hearings, and contact your representatives.
- Support Abortion Funds and Access Networks. Abortion funds help patients afford care, travel across state lines, and access safe procedures. Donate if you can. If you can’t, amplify their work.
- Get Involved and Volunteer With Organizations Working to Advance Reproductive Rights and Justice. Find out what organizations are doing the work in your state. Look beyond Planned Parenthood for grassroots organizations that need support.
- Vote in Every Election. Governors, attorneys general, and state legislators determine abortion policy. Many local prosecutors have discretion over whether to enforce abortion bans. If you care about reproductive freedom, voting is not optional.
- Talk to People Around You. Misinformation is everywhere. Many people don’t know how close their state is to banning abortion or what restrictions already exist. Have conversations. Share accurate information. The more people understand the stakes, the harder it is for lawmakers to pass restrictions unnoticed.
Reproductive freedom is only secure when people demand it. The question is not whether lawmakers will try again to restrict abortion. The question is whether you will take action before they do.
What are anti-abortion lawmakers doing in your state? And what are you prepared to do to stop them?
