1864 Abortion Law Cited as Precedent in Arizona

There are days when I think Arizona is locked in some kind of weird time warp. On February 14, 1912, Arizona left the territorial frontier behind and officially embraced American statehood.

When the law was passed, Abe Lincoln was beginning his second term as President. // Canva

That's why it's hard to believe we're suddenly ensnared in these strange political conversations - in the twenty-first century, no less. But here we are.

If politics seem to be trending one way nationwide, Arizona seems to find a different route. An alternate direction. A zig-zag, if you will.

A court ruled on the Cochise County election debacle. // Canva

Take the last nationwide vote during the midterm elections, for example. The politically charged climate hit hard in Arizona when two Cochise County supervisors refused to certify the 2022 election results, insisting on a hand-recount of the ballots. They ultimately lost that bid, but it put Arizona on a strange little map.

Read: Will This Legal Move Make Outdoor Grilling Illegal in Arizona?

Do the Time Warp: Going Back to 1864

This bizarre political climate continues, as a court in Arizona cited precedent using a law passed while Arizona was still a territory back in 1864. Hop into the Way Back Machine with me for a moment.

When the 1864 law was passed, Tombstone had not yet been established. // Canva

Let's take a look at life in Arizona in 1864:

Tombstone was not yet a town. It was established in 1879 by prospector Ed Schieffelin.
Neither was Phoenix. It was founded four years later, in 1868.
In politics, incumbent President Abraham Lincoln defeated General George B. McClellan for a second presidential term.
The American Civil War was winding down but not quite over.
Construction of the Transcontinental Railroad was beginning. Travel from coast to coast was mostly still done by covered wagon and was fraught with danger and dysentery.
Arizona Territory passed a law to prosecute anyone who provided any abortion to a pregnant woman

The ruling has caused a lot of emotions to boil over in Arizona. // Canva

That last one was challenged over the years until the Roe v. Wade ruling amended the United States Constitution in 1973, settling abortion law - even in Arizona.

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Outrage: Pre-Statehood Law Informs Arizona Politics

In 2022, Roe v. Wade was overturned by the United States Supreme Court. This returned the decision on the legality of abortion to individual states.

Who knows what will finally be decided by the courts. // Canva

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While Arizona debated its stance, an Arizona court deemed abortion illegal and based the decision on a law created in 1864 while Arizona was still a territory. The Arizona ruling has been a head-scratcher and spurred outrage across the state.

A court ruling reinstated the 19th-century abortion ban. Here are the key points:

The 1864 Arizona Abortion Ban:
- The Arizona Supreme Court upheld a pre-statehood law from 1864 that criminalizes abortion throughout pregnancy unless a woman’s life is at risk.
- The law holds no other exceptions.

The ruling has sparked intense debate, and emotions on all sides of this controversial argument run wild. No matter how you feel about these puzzling decisions, Arizona is definitely making history in the strangest way these days.