Abortion access in Southern Arizona: Here's what you need to know

Arizona has seen an influx of attention after the state’s Supreme Court upheld an 1864 law that criminalized all abortions except to save the life of the mother.

Abortion rights and women’s reproductive health care have been a hotbed of political activism on both sides of the aisle for decades. After the U.S. Supreme Court struck down Roe v. Wade in 2022, it is up to each state to decide rules about abortion.

That 1864 law hasn’t yet taken effect — more on that later in this article — meaning some abortions are still legal in Arizona. Here’s what you need to know:

Where are abortions available here?

Currently, there are two clinics that provide abortions in Southern Arizona, both located in Tucson. Planned Parenthood’s Southern Arizona regional health clinic provides medical abortion procedures through 14 weeks and six days of pregnancy and provides the abortion pill through 11 weeks of pregnancy.

Choices Women’s Center, also in Tucson, offers the abortion pill through 10 weeks but does not offer medical abortions.

Though some states allow patients to receive the abortion pill through the mail, that is illegal in Arizona.

Emergency abortions can also be provided in emergency rooms and hospitals.

What types of abortion are legal in Arizona?

It is legal to get an abortion through 15 weeks of pregnancy in Arizona.

If there is a medical emergency past 15 weeks of pregnancy, doctors are allowed to perform an abortion to save the life of the mother. There are no exceptions after 15 weeks if the pregnancy is due to rape or incest.

The Republican-controlled Legislature enacted the 15-week law in 2022.

What is the difference in abortion methods?

Typically, it is more common to get a medication abortion, especially earlier in a pregnancy. Patients can take the abortion pill up to 11 weeks after the first day of their last period. Usually, patients take a pill called mifepristone first, which blocks the body’s progesterone, a hormone needed in pregnancy. Afterward, the patient takes a misoprostol pill, which typically causes cramping and bleeding to empty the uterus, similar to having a heavy period.

Though banned or restricted in some other states, mifepristone is legal in Arizona. It is possible, however, that mifepristone’s availability could change depending on several current court cases.

Surgical abortions, or in-clinic abortions, typically use suction to empty the patient’s uterus.

What is the process of getting an abortion?

Women cannot walk into a clinic in Arizona and immediately get an abortion. Patients have to go into the office multiple times before their procedure.

At least 24 hours before the scheduled abortion, a medical provider must tell the patient certain information in person, including the “probable anatomical and physiological characteristics” of the fetus. The patient also must undergo an ultrasound and be offered the opportunity to view the active ultrasound image and hear an explanation of what it shows.

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Didn’t the Arizona court strike down abortion rights?

The answer isn’t simple.

When the state Legislature enacted the 15-week abortion law two years ago, it did not take the long-dormant 1864 law — prohibiting abortion except to save the life of the mother — off of the books.

On April 9, the Arizona Supreme Court upheld the 1864 law and ruled it could again be enforced now that Roe vs. Wade is gone. The 1973 Roe ruling found a constitutional right to abortion; the U.S. high court overturned it two years ago.

The earliest the 1864 ban may take effect is Sept. 26, however.

After the April ruling on Arizona’s law, the Legislature voted to repeal the old law, and the governor signed the repeal, which will leave the 15-week threshold as the state’s law on abortion.

The repeal of the territorial-era ban can only take effect 90 days after the adjournment of the Legislature, however, and lawmakers have not yet wrapped up their business or set a closing date. If the Legislature adjourns on or before June 26, the 1864 ban will not become effective.

If it adjourns later than that, there may be a brief period of time after Sept. 26 that abortion is illegal. But a court could grant a longer stay to prevent that.

It appears there will also be a chance for Arizona voters to codify abortion rights into law.

What is the proposed referendum?

There are multiple organizing groups working to get the Arizona Right to Abortion Initiative on the November ballot as a constitutional amendment. Organizers say they already have well above the 383,923 signatures needed. In fact, last month the Arizona Abortion Access campaign announced it had collected more than 500,000 signatures, with that number growing.

Groups typically gather significantly more signatures than needed to make the ballot, as opposing groups usually try to disqualify signatures. The signatures must be provided to the secretary of state by July 3.

The initiative would establish a fundamental right to abortion that the state may not interfere with before the point of fetal viability. Fetal viability is defined as the point of pregnancy when there is a significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures.

What does the referendum say?

Here is the full text of the referendum, which states that “every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following:

Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means.

Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual.

Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section.”