Arizona’s Abortion Law Reverts To 15-Week Ban

Arizona’s Abortion Law Reverts To 15-Week Ban

By Matthew Holloway |

The narrowly passed repeal of Arizona’s complete ban on abortion became effective on Sep. 14th in a moment that is being widely celebrated by pro-abortion Democrats. Although Democrat Gov. Katie Hobbs signed the bill, H.B. 2677, into law in May, the bill only became effective on Saturday. 

Under the current legal framework enacted in 2022, the state of Arizona has an effective ban on abortion after 15 weeks. While the Arizona Court of Appeals had previously ruled that the 2022 15-week measure and the total ban enacted by the territorial legislature in 1864 could be “harmonized,” the Arizona Supreme Court rejected this notion.

The Court wrote in its majority opinion, “Our conclusion that the legislature did not intend to create a privilege secured by law to obtain or perform an abortion obviates the need to harmonize §§ 13-3603 and 36-2322. Harmonization between these laws may be accomplished only by repealing § 13-3603 in contravention of the legislature’s express intent and engaging in untenable statutory interpretation such as excising physicians from the plain meaning of ‘person’ in § 13-3603, defined as ‘a human being’ in A.R.S § 13-105(30). And indeed, despite purporting to harmonize the statutes, the dissent’s treatment of § 13-3603 all but nullifies it. We decline to do so.”

The court ruled that following Dobbs v. Jackson Women’s Health Organization, the ruling that reversed Roe v. Wade, “Arizona has never independently created a statutory right to abortion. We will not ‘amend a statute judicially [nor] read implausible meaning into express statutory language’ given the absence of an abortion right in Arizona jurisprudence. Kyle v. Daniels, 198 Ariz. 304, 306 ¶ 7 (2000). Therefore, because the federal constitutional right to abortion that overrode § 13-3603 no longer exists, the statute is now enforceable, prospectively prohibiting abortion unless necessary to save a woman’s life.”

As reported by the Associated Press, Hobbs in no way intends to stop at repealing the 1864 ban and intends to install the a “right” to abortion in the state. She said in a statement cited by the AP, “I will continue doing everything in my power to protect reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office.”

In a May post to X, she outright  stated, “Any bill attacking the right to safe and legal abortion access will be vetoed without hesitation.”

Indeed the initiative Proposition 139  created by “Arizona for Abortion Access” will appear on the ballot in November to repeal the 2022 15-week abortion ban and create an amendment for a “fundamental right” for abortion up to “fetal viability” allowing a baby’s life to be ended potentially up until birth.

As previously reported by AZ Free News, a legal battle unfolded between the legislature and the initiative organizers over the use of the phrase “unborn human being” in the description of the initiative. The State Supreme Court found in a 5-2 decision that the legislature’s choice to use the phrase “unborn human being” rather than “fetus” met legal standards.

The state legislative council explains in its analysis of the ballot proposal to make abortion a constitutional right:

“Current state law prohibits a physician from performing an abortion if the probable gestational age of the unborn human being is more than 15 weeks, except when a pregnant woman’s medical condition necessitates an immediate abortion to avert the pregnant woman’s death or for which a delay creates a serious risk of substantial and irreversible impairment of a major bodily function.”

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Contentious Abortion Debate Heats Up At Arizona Legislature

Contentious Abortion Debate Heats Up At Arizona Legislature

By Daniel Stefanski |

Emotions are high at the Arizona Legislature over the state’s near ban on abortions.

After the Arizona Supreme Court ruled that the longtime statute governing (and outlawing) most abortions was, in fact, the effective law of the state, legislators sought to enact changes to that policy. Last week, a coalition of State House Democrats and Republican Representative Matthew Gress sought immediate floor consideration of HB 2677, which would repeal the controversial law in question – Section 13-3603. That bill had been sponsored by Democrat Representative Stephanie Stahl Hamilton, who had attempted previously in the session to force a vote on this proposal.

Before the vote on the repeal, the House successfully recessed and then adjourned, ensuring that the near prohibition on abortions in Arizona remained intact for at least another week.

Democrats were furious at the events transpiring on the floor, turning their outrage on Gress, who they accused of supporting the call for recess. In unison, they shouted “Shame,” pointing in the freshman lawmaker’s and other Republicans’ direction as he turned to gaggle with members of the press.

Representative Gress claimed that “Arizonans want us to find common ground on the important issue of abortion. We must repeal the Territorial Ban and return to the more reasonable 15-week policy that protects women and new life.”

Gress not only attracted political anger from the left, but from his colleagues on the right. Fellow freshman legislator Alexander Kolodin unleashed his perception of the day’s happenings, writing, “Rep. Gress did not facilitate today’s Democrat takeover of the Arizona House, he led it. In breaking the rules he voted for, he put his Republican comrades in swing districts in the line of fire for the sake of his own political ambitions, betrayed the pro-life movement, and denied the body the opportunity for the deliberation and discussion due this sensitive topic.”

House Speaker Ben Toma was not happy with the scene that unfolded on his floor, releasing a statement against the actions of the Democrats. He said, “One thing is clear: Democrats are so eager to enshrine in our state constitution a right to kill unborn children up until birth with virtually no restrictions. Under the Democrats’ view, partial birth abortions would be allowed, and minors could get abortions on demand without parental consent or a court order. That’s not healthcare or reproductive care. The Democrats’ approach to this issue is unconscionable, it’s extreme, and Arizonans do not agree with such an unrestricted right to abortion that would jeopardize women’s health and safety.”

He added, “The issue of abortion and protecting the lives of the unborn is a very emotionally charged, complicated issue, one which many Arizonans and legislators fundamentally and ethically have firm beliefs. The Court’s 47-page ruling was released just yesterday, and we as an elected body are going to take the time needed to listen to our constituents and carefully consider appropriate actions, rather than rush legislation on a topic of this magnitude without a larger discussion. These are difficult conversations we all need to have, and we absolutely cannot have them when Democrat legislators act as uncivilly, and engage in appallingly childish behavior, as we saw on the House floor today. That’s not how we debate important issues down here and I find it completely unacceptable and disappointing. We who are elected to serve in the Arizona House of Representatives are expected to conduct ourselves with decorum and integrity. That’s not negotiable and something I will always uphold as Speaker of the House.”

Legislators will try again to repeal the near ban on abortions when they return on Wednesday. If they are successful, it would mark the first time in the state’s history that the Arizona Legislature “affirmatively created a right to, or independently authorized, elective abortion” – as pointed out by the State Supreme Court in its opinion last week. Should 13-3603 be repealed, the 15-week ban, which was signed into statute in 2022, would likely become the prevailing law of the state, allowing for abortions to occur up to that point in time.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.