An Arizona Appeals Court provided a ruling to harmonize Arizona's abortion laws Friday.
The ruling does not repeal the territory-era abortion law, but instead adds the 15-week abortion ban approved by Governor Doug Ducey earlier this year to the law.
"Arizona's original statute outlawing most abortions, § 13-3603, itself contains an exception permitting abortions when necessary to save the life of the mother," the ruling states. "Arizona’s more specific subsequent laws, including the most recent 15-week law, may be read in harmony with that provision, by understanding them as merely adding further exceptions to the general prohibition on abortion."
The full ruling can be read below. If you do not see the PDF below, click here.
Governor-Elect Katie Hobbs tweeted the following statement after the ruling:
In November, Arizonans made clear they believe in women’s fundamental rights. Starting in January, I will do everything in my power as governor to ensure women can exercise their constitutional rights and keep fighting to restore reproductive freedom in our state. pic.twitter.com/CYVs86xrzQ
— Gov-Elect Katie Hobbs (@katiehobbs) December 31, 2022
Congressman ruben Gallego released the following statement on the ruling:
“Today's ruling blocking Arizona's territorial-era abortion ban is a blow to the extremist legacy of Attorney General Brnovich. But make no mistake, this ruling is not a comprehensive solution, and I will do everything I can on the federal level to support the right to abortion.”
ABC15 has reached out to Mark Brnovich's office for a statement and has not yet received a response.
Attorney General Mark Brnovich previously asked courts to enforce Arizona's territory-era abortion law, which was reinstated after a Pima County judge ruled to lift an injunction in late September.
Under the territory-era law, all abortions are banned in Arizona unless the mother's life is in danger. The near-total abortion ban was first enacted decades before Arizona was granted statehood in 1912.
The injunction that stopped the ban on abortions was put into effect back in 1973.
State Attorney General Mark Brnovich wanted to lift the injunction, which would have reinstated the territory-era law. Meanwhile, Planned Parenthood argued to keep the injunction in place.
If the injunction had stayed in place, a new 15-week abortion ban signed earlier this year by Governor Doug Ducey would have gone into effect.
The back and forth created confusion for Arizonans, lawmakers, and abortion providers alike, with many still wondering which laws and bans were in effect and what would be enforced.
In October, Planned Parenthood restarted abortion services in Arizona after saying they received the legal assurance to do so.
"Abortion is temporarily legal in Arizona. This does not mean the fight is over. This means we are continuing to fight every day," Planned Parenthood Arizona President and CEO Brittany Fonteno said during a press conference. "We won't stop fighting for our patients."
Earlier in October, many abortion providers said they were resuming services in Arizona. This came just days after an emergency stay was granted temporarily blocking the enforcement of a nearly complete ban on abortions.
At the time, Planned Parenthood Arizona told ABC15 that they and their legal team were waiting to see if Attorney General Mark Brnovich would ask the Supreme Court to take up the stay.
With the pre-Roe law on hold again, Arizona does have another law passed just this year on the books that bans abortions after 15 weeks.
Earlier this year, AG Brnovich’s office came to an agreement with the parties in another lawsuit out of Maricopa County. That agreement put a stay on the case and put in writing that the territorial era law will not be enforced as Planned Parenthood’s case moves through the court of appeals.
“It definitely provided additional reassurance to providers, “ said Fonteno. “As I mentioned, we have really been living in real environment of fear of criminalization. But it’s really the case that we have been fighting in court and the stay that was issued two weeks ago that gave us that assurance to resume abortion care.”
The AG’s office said: “Our case involves ongoing litigation relating to A.R.S. 13-3603, which has been stayed by the Court of Appeals. Our office has agreed to abide by that decision as it's litigated up the Arizona Supreme Court. As we've previously said, you should contact the respective county attorneys who have primary jurisdiction over these abortion laws.”
