The Pima County Board of Supervisors are taking a stand against the controversial reinstatement of Arizonaโs territorial-era ban on nearly all abortions.
The law, which bans abortions except to save the life of the mother, was deemed enforceable by the Arizona Supreme Court in a 4-2 ruling last Tuesday.
The territorial-era ban was first passed in 1864, making it 48 years older than the state itself and 56 years older than womenโs rights.
The 160-year-old ban prohibits the procedure under all other circumstances, even in cases of rape or incest.
Adelita Grijalva, the board chair, took note of the lawโs age, saying that the issue goes to show the struggle women have in โtrying to have possession.โ
โYou know, people keep saying, โwell, my daughter has less rights than her (grandmother),โโ Grijalva said Tuesday. โMy daughter has less rights than her great-grandmother.
In a 4-1 vote, the board โreaffirmedโ their 2022 resolution, which passed following the repealing of Roe v. Wade.
Supervisor Steve Christy, the boardโs sole Republican, voted against Tuesdayโs resolution. He was the only no-vote in 2022, as well.
This action by the board rebukes the Supreme Courtโs 4-2 ruling, calls on โall county attorneys, law enforcement agencies, licensed medical providers and others across the state to do the right thing in supporting the human right of all Arizona residents.โ It calls on state lawmakers to โrepeal this 160-year-old abortion ban, passed by an all-male legislatureโ and to uphold the right to safe-and-legal abortion access โwithout unnecessary restrictions.โ
Supervisor Matt Heinz, a doctor, took time to remind voters that two of the judges who made the abortion ruling are up for retention in November.
โIn Arizona we all do something that is not done in some other states, and that is we vote on our judges, and two of the four justices who are responsible for this terrible decision are up for retention,โ Heinz said. โ(County residents) need to make the appropriate choice when it comes to retaining these justices, as to whether or not theyโre consistent with the beliefs and priorities of the county and of the state.โ
Heinz added that Pima County Superior Court Judge Kellie Johnson, who ruled in 2022 that the state could re-enforce the near-total ban, is โpersonally responsible for resurrecting this zombie-law from the 1800s.โ
Like the justices, Johnson is also up for retention, Heinz said.
โI think itโs important for everyone to understand that this was done at a time in 1864 when the state of Arizona was a territory, and also an active, rebelling member of the Confederacy,โ Heinz said. โThis is not just from a territorial legislature, itโs from a then-enemy of the Union.โ
In the days following the Supreme Courtโs ruling, Arizona Governor Katie Hobbs said sheโs convinced she has the power to strip Arizonaโs county attorneys of their authority to prosecute anyone for violating state abortion laws. And Pima County attorney Laura Conover has said her office wonโt be spending โprecious time or resources on the prosecution of those who are put in this impossible position, or medical providers.โโ
