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Arizona’s Civil War-era Abortion Ban

April 10, 2024
Arizona Representative Alma Hernandez explains the state’s new (but actually really old) ban on abortion, Republican backpedaling, and her hopes for the November ballot.
the details
On Tuesday, Arizona’s Supreme Court reinstated a near-total abortion ban dating back to 1864. The 160-year-old law makes abortion a felony, punishing providers with two to five years in prison. The ruling,...
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Show transcript
00:00
On Tuesday, Arizona Supreme Court ruled that a 160 year old
00:07
abortion ban is enforceable.
00:09
So they basically made this law 100 and 60 years ago and
00:14
it was brought back.
00:16
That is insane. 100 and 60 years ago,
00:19
they literally jumped in the time machine was like,
00:22
let's bring this law back.
00:24
Yeah, and that would actually make it the 17th state to
00:29
ban all or most abortions since the Supreme Court overturned Roe versus
00:36
Wade in June 2022.
00:39
Yeah, man, we just keep going backwards.
00:42
The state's court ruling will be on hold for 14 days and
00:45
reviewed by lower courts.
00:48
Organizers are trying to get abortion rights on the November ballot.
00:53
So Arizona voters may be able to decide on the issue here
00:58
to explain the abortion ban ruling.
00:59
Is Arizona Representative Alma Hernandez.
01:03
Hello, Alma. Welcome.
01:06
Hi, great to be with you today.
01:08
Thank you so much for joining us.
01:10
Alma. Can you explain Arizona's abortion ban ruling?
01:14
Does this mean women in the state don't have access to abortions
01:17
anymore? What we're dealing with is a law that was passed
01:21
in the 19th century since before Arizona even became a state.
01:25
It was actually passed in the 18 hundreds.
01:28
This is a law that was put into place before Arizona became
01:31
a state and before women even had any rights.
01:34
So the fact that the ruling was,
01:36
you know, it was a difficult thing to see yesterday,
01:39
but the ruling was just very disappointing.
01:42
We already had, the state of Arizona was already one of
01:45
the most restrictive states when it comes to ban on abortions.
01:49
We had a 15 week ban on abortions with some exceptions.
01:52
just as of yesterday and then the ruling came out that
01:56
said that we were no longer going to allow that to be
01:59
in put into place.
02:01
We would now be going back to the law that they passed
02:04
in the 18 hundreds.
02:05
So now what this means is that there are no exceptions for
02:09
abortions, whether there's been rape or incest.
02:13
The only exception is if it's to save the one the
02:16
mother's life, which I believe is extremely,
02:19
it, it's extremely disappointing.
02:22
But that just means that right now everyone is in limbo,
02:24
right? Because this ruling was just made yesterday,
02:28
which also includes a mandatory prison sentence from 2 to 5 years
02:33
for medical professionals. That's doctors,
02:35
nurses, providers who are providing this very critical care because
02:40
abortion is health care and they are now facing potential legal challenges
02:45
and up to jail or prison just for doing what is their
02:50
job what they should be able to do.
02:53
Will the people of Arizona be able to vote on the abortion
02:57
ban on the November ballot?
03:00
Is that a possibility?
03:03
Yes. So, one of the things that we are doing
03:05
right now is we're still collecting signatures to help get this ballot
03:09
measure that we've been working on.
03:10
Actually, not, not just because of yesterday,
03:13
but for, for months now,
03:14
it's been an effort to be able to get a ballot referendum
03:18
would enshrine it in our state constitution.
03:21
The ability for us to be able to make those decisions as
03:24
women, between our,
03:25
our families and our medical providers and not allow state government or
03:29
laws to dictate whether or not a woman can have an abortion
03:33
So there is a ballot measure right now that we're trying
03:36
it will get on the ballot.
03:38
Let's just be,
03:39
let's just start there.
03:40
It will be on the ballot for November and I hope that
03:43
individuals know that they can vote for this.
03:45
It would be a constitutional amendment which means that regardless of what
03:49
the Arizona Supreme Court just said or ruled on that would supersede
03:53
that. So we are hoping we can get the support from
03:57
the Latino voters here in Arizona.
03:59
I think there's a huge misconception that all Latinos are,
04:03
you know, pro life or anti Aora.
04:06
But I think one of the important things to note here is
04:09
yes, this ruling happened and it's terrible.
04:11
But elections have consequences.
04:14
And the only reason we are in this situation right now is
04:17
because we have conservative Republicans who care more about telling us what
04:22
we can and can't do with our bodies than actually trying to
04:24
make a difference to improve Arizona.
04:26
Some Arizona Republicans are distancing themselves from the ruling.
04:30
What are your thoughts on this?
04:32
I believe it's actually complete nonsense and BS and people are not
04:36
stupid. These are the same individuals who have continuously voted to
04:40
restrict access to abortion,
04:44
to reproductive health, to,
04:46
to make it more difficult for individuals to access things like contraceptives
04:51
These are the same individuals who are OK,
04:53
incarcerating medical professionals who give this care to women.
04:57
So I call BS on all of these individuals who are now
05:01
trying to take the narrative in the press and say,
05:04
well, we don't necessarily agree with what the,
05:06
the Arizona Supreme Court has ruled on.
05:09
Let's try to come up with a modern fix.
05:11
There is no modern fix.
05:13
We should not in 2024 be legislating women's decisions.
05:18
So I, I call BS on every single Republican who's now
05:22
out there trying to claim that they don't support this.
05:25
When every single one of them put us in this situation,
05:28
they are the ones who have voted for this.
05:30
They are the ones who stacked the court.
05:32
They are the ones who allowed these things to pass and now
05:35
they want to backpedal and say actually it's it's actually not,
05:39
not what we fully support.
05:41
So, no, I call BS on every single one of
05:43
them. I just feel like we're just like going backwards.
05:47
Well, hopefully,
05:48
you know, in November,
05:49
hopefully people vote and make their voices heard and you know
05:54
there's better outcomes and we're ta and hopefully we can speak
05:57
to you on better terms at that point.
06:00
And I,
06:01
we wanted to ask where can people find you?
06:06
Yeah, so I'm on social media.
06:08
Of course, on both Twitter and Instagram,
06:11
I am available. If anyone wants to get involved.
06:13
If they're in Arizona,
06:14
please reach out to me.
06:16
There are so many changes that we can make starting from the
06:20
ball, the top of the ballot all the way to the
06:21
bottom. We need people to get involved and wake up because
06:24
we can, can continue to go down this path so they
06:27
can find me on Twitter at Alma for Arizona and on Instagram
06:31
rep a Hernandez and I am happy to talk to anyone and
06:35
get them involved, but this is going to take a lot
06:38
of effort and, and really advocacy for our community.
06:42
It's gonna take a village but we're united.
06:45
Thank you so much,
06:46
Alma. We really appreciate you breaking down what's happening.
06:49
Yes. Thank you for joining us.
06:51
Of course. Thank you for covering this.
06:53
Take care. Thank you.