Abortion Bans

NEAR-TOTAL

Arizona has not repealed its pre-Roe abortion ban, which is unconstitutional and unenforceable.

The ban provides that any person who supplies to a pregnant woman any substance or employs other means with the intent to induce an abortion, unless the abortion is necessary to preserve the woman's life, will be imprisoned for two to five years.  A woman who submits to the use of any means with the intent to cause an abortion, unless the abortion is necessary to preserve her life, will be imprisoned for one to five years.  Any person who advertises abortion services is guilty of a misdemeanor.  Ariz. Rev. Stat. Ann. §§ 13-3603 (Enacted 1901; Last Renumbered 1977), 13-3604 (Enacted 1901; Last Renumbered 1977), 13-3605 (Enacted 1901; Last Renumbered 1977).

Courts have held that these provisions are unconstitutional.  Nelson v. Planned Parenthood Ctr. of Tucson, Inc., 505 P.2d 580 (Ariz. Ct. App. 1973), review denied, No. 11160-PR (Ariz. Mar. 21, 1973); State v. New Times, Inc., 511 P.2d 196 (Ariz. Ct. App. 1973).

BAN ON ABORTION PROCEDURE

Arizona outlaws a safe second-trimester abortion procedure without an exception to protect a woman's health.  H.B. 2400, 49th Leg., 2009 1st Sess. (Ariz. 2009) (Enacted 2009) (to be codified at Ariz. Rev. Stat. §13-3603.01).

The Arizona law makes the performance of certain previability, second trimester abortions a felony and imposes a criminal penalty of imprisonment for up to two years and/or fines including statutory damages of three times the cost of the abortion unless the procedure is necessary to save the life of the woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.  H.B. 2400, 49th Leg., 2009 1st Sess. (Ariz. 2009) (Enacted 2009) (to be codified at Ariz. Rev. Stat. §13-3603.01).

In 1997, a court held that an earlier version of Arizona's ban was unconstitutional because the ban was void for vagueness, was an "undue burden" on a woman's right to an abortion, and did not contain an exception to preserve the health of the woman.  Ariz. Rev. Stat. Ann. §13-3603.01 (Enacted 1997).  The court issued a permanent injunction prohibiting its enforcement.  Planned Parenthood of S. Ariz., Inc. v. Woods, 982 F. Supp. 1369 (D. Ariz. 1997).  In 2009, the Arizona legislature enacted an amended, enforceable version of the ban.  H.B. 2400, 49th Leg., 2009 1st Sess. (Ariz. 2009) (Enacted 2009) (to be codified at Ariz. Rev. Stat. §13-3603.01).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.