As Union and Confederate armies clashed in a bloody fourth year of the Civil War, President Abraham Lincoln tasked one man to create the legal code for Arizona, almost 50 years before the territory became a state.
“This is just one more example of a century-old zombie law coming back to life,” said Jessica Arons, senior policy counsel at the American Civil Liberties Union. “This is what the U.S. Supreme Court set the stage for when Roe fell.” Meanwhile, William Claude Jones, who presided over the 1st Arizona Territorial Legislative Assembly in 1864, was described by a biographer as a “pursuer of nubile females” and had throughout his life married a 12-year-old, a 15-year-old and a 14-year-old, according to a 1990 biography in the Journal of Arizona History.
While many states repealed their pre-Roe abortion laws after the 1973 ruling that granted a constitutional right to abortion, about a dozen states, including Arizona, kept theirs on the books. These laws often were referred to as “trigger laws” because the overturning of Roe would put them into effect.
In Michigan, a 1931 law would have criminalized abortion except when a woman's life was in danger. But Michigan voters in 2022 overwhelmingly voted to enshrine abortion rights into the state's constitution and earlier that year a judge ruled the 93-year-old law was unconstitutional. The law was formally repealed by a 2023 statute.
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