Two months into the new year and at least 13 states have already introduced legislation limiting or banning abortion. The move to ban abortion after 15 weeks in states across the country follows the Mississippi law, which awaits a Supreme Court decision that many people believe will overturn Roe v. Wade, the landmark Supreme Court case that allowed abortions to the point of fetal viability, or 22 to 24 weeks.
The latest state to pass a bill that restricts abortions after 15 weeks is Arizona, a state with a Republican-controlled Senate that approved the proposed legislation in a 16-13 vote on Tuesday. The restrictive abortion bill not only makes it illegal to have an abortion after 15 weeks of being pregnant, but makes it a crime for doctors to perform such an abortion.
According to Senate Bill 1164, medical officials who conduct abortions after the 15th week of pregnancy could lose their medical licenses or face up to a year in state prison.
“The state has an obligation to protect life, and that is what this bill is about,” one of the bill’s co-sponsors, Sen. Nancy Barto, said during the debate. “A 15-week-old baby in the womb has a fully formed nose, lips, eyelids, they suck their thumbs. They feel pain. That’s what this bill is about.”
All state Democrats opposed the bill, noting it does not make exceptions for rape or incest.
"Until we find a way to completely stop rape and incest, we cannot put barriers in place for those survivors to have the freedom to dictate their own futures,'' Sen. Christine Marsh said.
Despite the trauma it induces for survivors, Barto said she doesn’t see any problem with the new bill or its lack of exemptions.
"The baby inside of a woman is a separate life and needs to be protected," she said in a statement. "All life is sacred."
While the bill is currently unconditional, legislators like Barto said they are counting on the Supreme Court’s challenge of the Mississippi law to overturn precedent of Roe v. Wade and enable abortion to be up to the discretion of individual states, the Arizona Daily Star reported.
“A ruling in that case is expected in June. This measure makes Arizona ready to enforce that law if and when that decision is made,” Barto said.
The debate also brought up the issue of whether the Arizona law banning abortion would create two classes of pregnant women, meaning a divide between those who could afford to travel for an abortion and those who cannot. Those who are able to afford to leave the state have an ability to avoid the law by traveling to states like California and Nevada that have protections for abortion rights in place. The Arizona law does not bar women from traveling to other states for the procedure.
"This bill will not stop the ones with money from continuing to access that care,'' Sen. Martin Quezada said.
"It will only add unnecessary financial obstacles to obtaining an abortion and therefore force those who do not have their funds to continue a government-mandated pregnancy against their will," he added.
According to the Associated Press, the latest data from the Arizona Department of Health Services found that of the 13,186 abortions performed in Arizona in 2020, 636 were after 15 weeks of pregnancy.
The bill passed Tuesday is not the only jab at reproductive rights Arizona legislators have taken. The state is known to have some of the most restrictive abortion laws in the country, including one that would "automatically outlaw it" if the Supreme Court were to fully overturn Roe v. Wade, according to Axios.
“Arizona politicians are banking on the Supreme Court upholding Mississippi’s 15-week abortion ban so they can quickly strip Arizonians of their rights and begin enforcement,” Planned Parenthood Arizona CEO Brittany Fonteno said in a statement. “It’s a cowardly path to a cruel end — denying Arizonians the right to make their own health care decisions.”
The legislation will now go to the House, where approval is likely. Gov. Doug Ducey has already expressed his agenda for new limits in the state and has signed every abortion restriction that has reached his desk since taking office.
Reproductive rights are fundamental human rights. No one should be coerced or gaslit into making a decision that may not be what they want for their body and health. Additionally, policies that ban or limit abortion do not decrease the number of abortions, as some GOP officials believe. Instead, they restrict a woman’s right to her bodily autonomy and increase the number of unsafe abortions and maternal health problems that occur.