The Arizona Supreme Court Winds Back the Clock to 1864

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The Arizona Supreme Court revived an 1864 pre-statehood abortion ban, rooted in patriarchy, misogyny and discrimination against women.

Arizona Attorney General Kris Mayes ahead of the midterm elections on Oct. 8, 2022 in Phoenix. Hayes vowed not to enforce the state Supreme Court ruling upholding an 1864 law that bans most abortions.

A very quick glance at the legal rights of women, as they existed during the latter decades of the 19th century, shows that women were denied the right to vote based on sentiments such as: “By keeping women in her exalted position, man can be induced to do more for her than he could by having her mix up in affairs that will cause him to lose respect and regard for her.

It instead concluded that the 2022 law did not actually create a right to abortion, and therefore did not supersede or modify the territorial law. Accordingly, it ruled that without of the way, the 1864 criminal ban is fully enforceable.

 

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