Arizona’s 1864 Abortion Ban: The History Behind the 160-Year-Old Law

The 160-year-old Arizona abortion ban that was upheld on Tuesday by the state’s highest court docket was amongst a wave of anti-abortion legal guidelines propelled by some historic twists and turns that may appear stunning.

For many years after the USA turned a nation, abortion was authorized till fetal motion could possibly be felt, often nicely into the second trimester. Motion, often called quickening, was the brink as a result of, in a time earlier than being pregnant checks or ultrasounds, it was the clearest signal {that a} lady was pregnant.

Earlier than that time, “ladies might attempt to get hold of an abortion with out having to worry that it was unlawful,” stated Johanna Schoen, a professor of historical past at Rutgers College. After quickening, abortion suppliers could possibly be charged with a misdemeanor.

“I don’t assume it was notably stigmatized,” Dr. Schoen stated. “I believe what was stigmatized was perhaps this concept that you simply have been having intercourse exterior of marriage, however after all, married ladies additionally ended their pregnancies.”

Ladies would terminate pregnancies in a number of alternative ways, resembling ingesting herbs or medicinal potions that have been thought to induce a miscarriage, Dr. Schoen stated. The herbs generally used included pennyroyal and tansy. One other technique concerned inserting an object within the cervix to attempt to interrupt a being pregnant or terminate it by inflicting an an infection, Dr. Schoen stated.

Since instruments to find out early being pregnant didn’t but exist, many ladies might truthfully say that they weren’t positive in the event that they have been pregnant and have been merely taking herbs to revive their menstrual interval.

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