What does Arizona's 1864 abortion rule state? Read the text of the law
The Arizona Supreme Court upheld a 160-year-old abortion ban on Tuesday. If it takes effect, it would prohibit and criminalize all abortions in Arizona except in instances where the pregnant person’s life is threatened.
The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges that had not yet been heard, including to the constitutionality of the law.
Alliance Defending Freedom, which won the case before the state's top court, said enforcement of the ban could begin in 14 days. But some opponents of abortion and providers, including Planned Parenthood, said abortion services would continue through May because of a Maricopa County Superior Court order barring enforcement of the ban for 45 days after the Supreme Court's ruling becomes final.
Under the ban, any medical personnel who perform this procedure will face imprisonment for two to five years, along with the person receiving the abortion or anyone else knowingly involved, according to the 1864 law.
The legislation itself predates statehood by 48 years, as Arizona became a state on Feb. 14, 1912. This law existed in the first legislative assembly, named “The Howell Code,” that the Arizona Territory had created after it was separated from the New Mexico Territory.
More: Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules
Text of Arizona's 1864 abortion law
This is the entire text of the law, with the abortion segment bolded. The whole legislation has been included for contextual purposes.
“Sec. 45. Every person who shall wilfully and maliciously administer or cause to be administered to or taken by any person, any poison or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than ten years, and which may extend to life. And every person who shall administer or cause to be administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years: Provided, that no physician shall be affected by the last clause of this section, who in the discharge of his professional duties deems it necessary to produce the miscarriage of any woman in order to save her life."
The first part of Section 45 of the Howell Code describes the penalties possible for knowingly poisoning a person, which is imprisonment for 10 years to life. The aspect of the text that was considered in the Supreme Court ruling, however, is the part talking about abortion.
A ballot measure set on protecting abortion access for Arizonans gained the necessary 383,923 voter signatures for it to be on the November ballot. This threshold was met and passed well before the Arizona Supreme Court ruling. More than 500,000 signatures have been collected, well ahead of the July deadline to get on the ballot.
Arizona's prevailing abortion law
This is the text of Arizona's prevailing abortion statute, which is what was what the state Supreme Court upheld
"A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years."
More: 2 justices who upheld Arizona's 1864 abortion ban are up for retention. Who are they?
Contributing: Stacey Barchenger, Reagan Priest, Mary Jo Pitzl, Kinsey Crowley, Ray Stern, Shelby Slade, Jimmy Jenkins, Mary Jo Pitzl, Stephanie Innes, Sasha Hupka.
This article originally appeared on Arizona Republic: Arizona bans abortions: Read the text of the 1864 law