Arizona’s 1864 abortion ban was mostly a result of power struggles, historians say

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Melissa Chan is a reporter for NBC News Digital with a focus on veterans’ issues, mental health in the military and gun violence.

Attempts to gain power mostly fueled Arizona’s near-total abortion ban in 1864, as male physicians sought to dominate health care over midwives and anti-abortion advocates felt threatened by immigrants, historians said. The Civil War-era law — which the state Supreme Court this week ruled was enforceable — was enacted at a time when women did not have the right to vote and before Arizona, then a territory, became a state.

And within a decade, a national movement to restrict it gained momentum. “You can start to see the beginnings of what we now call the right-to-life movement,” Griffin said. The Arizona law in 1864 made abortion before the detection of fetal movement a felony, punishable by two to five years in prison for anyone who performed an abortion or helped a woman obtain one, except to save the woman’s life. A wave of similar bans swept the country.

 

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