Planned Parenthood Arizona Condemns Arizona Supreme Court’s Decision to Revive Archaic, Near-Total Abortion Ban

Pursuant to court orders, abortion care will continue temporarily

PHOENIX — Today, the Arizona Supreme Court issued a devastating ruling in Planned Parenthood Arizona v. Mayes, allowing a Civil War-era, near-total ban on abortion to be enforced against abortion providers. This decision strips Arizonans of their bodily autonomy and bans abortion in nearly all scenarios. And it does so following the troubling example of the U.S. Supreme Court in Dobbs, with judges ignoring long-settled precedent and principles of law to reach their preferred policy result.

While today’s ruling makes clear that the near-total ban on abortion will be enforced, it is important to note that abortion is still accessible in Arizona for a limited period of time.

Today’s opinion overrules the court of appeals’ ruling from December 2022 that faithfully applied longstanding precedent and correctly harmonized all of the state legislature’s abortion laws, under which abortion remained legal in Arizona through 15 weeks despite the fall of Roe v. Wade. Today’s decision adopts the fringe policy agenda of intervenors Dr. Eric Hazelrigg (a doctor at an anti-abortion clinic in Arizona) and Dennis McGrane (the anti-abortion Yavapai County Attorney) and their lawyers at the Alliance Defending Freedom over the common-sense arguments of Planned Parenthood Arizona.

The result is that a law first enacted before Arizona was a state will become the controlling law of the state, overriding dozens of more recent laws passed by the Legislature that should allow physicians to provide abortion.

Despite today’s ruling, Planned Parenthood Arizona will continue to provide abortion services through 15 weeks for a short period of time. That’s because in October 2022, in a separate lawsuit filed on behalf of a Phoenix doctor and the Arizona Medical Association, the Maricopa County Superior Court entered an order under which the State is barred from enforcing the 1864 near-total abortion ban until 45 days after the Arizona Supreme Court issues its mandate in the Mayes case. The mandate won’t issue for at least several weeks. As a result, Planned Parenthood Arizona will continue providing abortion through 15 weeks for a short period of time.

In response to the Court’s order, Angela Florez, President and CEO of Planned Parenthood Arizona, issued the following statement: 

“Today’s deplorable decision sends Arizona back nearly 150 years. We know that today’s ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access. Instead, it is the latest card in anti-abortion extremists’ deck of cruel and harmful tactics to strip Arizonans of their right to live under a rule of law that respects our bodily autonomy and reproductive decisions. It is unfortunate and unacceptable that Arizonans cannot even depend on our Supreme Court to look past personal ideology and impartially apply the law.

We know that abortion bans, including this one from the Civil War-era, are rooted in America’s legacy of racism and discrimination. This near-total abortion ban will be catastrophic for patient care and will have the greatest impact on Black, Indigenous, Latino, and other people of color, young people, LGBTQ+ people, and undocumented people.

Let me be clear, this is not the end of our fight. This law has no place in Arizona. While today we feel frustrated and dismayed with the Court for stripping our legal right to essential health care, we must harness our anger and take action. We must spread the word and urge our lawmakers to support reproductive freedom and bodily autonomy.” 

Statement from Dr. Jill Gibson, Chief Medical Officer at Planned Parenthood Arizona:  

“Today is a dark day for Arizona. As a doctor, I know first-hand that abortion bans and criminalizing abortion do not reduce the very real need and demand for this essential health care. Instead, bans force people to carry unwanted pregnancies, seek abortion outside of the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care – which is simply not possible for many Arizonans.

I took an oath as a physician to provide nonjudgmental, safe, compassionate and evidence-based care for my patients. And to soon not be able to provide my patients with that care is completely unacceptable and antithetical to my medical obligations and unfair and unjust to our community.

This case will not be the last attempt by anti-abortion activists to roll back rights. Now that both our Legislature and our courts have failed us, but Planned Parenthood Arizona will keep fighting.”

Statement from Alexis McGill Johnson, President and CEO of Planned Parenthood Federation of America:

“Today’s decision to allow Arizona’s archaic, near-total abortion ban to be enforced is devastating for reproductive freedom. People across the state have lost the freedom to decide what is best for their bodies and lives, without government interference. We have already seen the effect of similar bans in states like Texas and Oklahoma, where some patients have been unable to get care even when their lives are at risk and health care providers fear criminalization. This is untenable, and it is not what the majority of Arizonans want. For Arizonans, the government doesn’t belong in their personal reproductive health decisions. Our movement is strong, and Planned Parenthood will continue fighting alongside Arizonans to ensure that everyone can make decisions about their health and lives.”

Planned Parenthood Arizona remains committed to protecting essential sexual and reproductive health care services in the face of continued anti-abortion attacks. Planned Parenthood Arizona’s health center doors remain open.

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Planned Parenthood Arizona promotes and protects every person's freedom and right to enjoy sexual health and well-being, to make reproductive choices, and build healthy, strong families. We have been providing sexual health care to Arizonans for over 80 years. We currently operate seven health centers across the state, five in the greater Phoenix area.  Our organization also provides comprehensive fact-based sexuality education including workplace education programs that promote acceptance, diversity, and inclusion, and operates advocacy and outreach programs that provide opportunities for individuals to get involved in current issues related to our mission.