Physicians Condemn Arizona Supreme Court Ruling, Call for Repeal of 1864 Pregnancy Termination Ban

PHOENIX, Arizona — The Arizona Medical Association is appalled by the Arizona Supreme Court's ruling to uphold a near-total ban on pregnancy termination from more than 150 years ago. As patients and physicians face dire consequences of the decision, the physician community is calling on members of the Arizona State Legislature to stand united and repeal the law.

"Enforcing a law that was drafted before antiseptics were invented and x-rays discovered is absurd and irresponsible," stated William C. Thompson IV, MD, FASA, president of ArMA. "As the voice of the physician community, ArMA will not stand by idly while an archaic law drafted before the advent of modern medicine threatens to dictate physicians' practice and patients' safety in the 21st century."

The enforcement of Arizona's pre-statehood pregnancy termination ban will jeopardize the health, well-being, and lives of pregnant patients in Arizona. People of color, those living in rural areas of the state, and those with limited economic resources will be disproportionately impacted, thereby increasing inequities that already plague the healthcare system.

The ruling will also severely impact physicians, as the near-total ban permits pregnancy terminations only when necessary to save the patient's life. In all other situations, performing a pregnancy termination would lead to felony charges and prison time. However, there are no clear guidelines around how endangered someone's life must be to end a pregnancy, putting pregnant patients and physicians in emergency situations at higher risk of harm and criminalization.

"Throughout Arizona's history, the physician community has diligently served in the face of pandemics, workforce shortages, and record levels of clinician burnout," shared Libby De Bie, CEO of ArMA. "The State's interference with the sacred practice of medicine and directive that physicians are now 'on notice' is extremely insulting to those compassionately serving patients."

Now, the physician community is pushing back. Alongside more than 20 other healthcare organizations and hundreds of physician advocates, ArMA is calling on all legislators to unite for the sake of patients and repeal the ban.

"The House of Medicine is united," expressed Dr. Thompson. "We condemn governmental interference in the physician-patient relationship and reject laws criminalizing physicians for evidence-based procedures. Together, we are requesting legislators take the same stance."

Last week, a bipartisan group of representatives introduced ArMA-supported House Bill 2677 to repeal the pre-statehood ban. Disappointingly, the bill was blocked from receiving a vote. Advocates remain hopeful that HB2677 will be heard again on Wednesday, April 17, but know it will not pass without broad support from both parties. The physician community is now urging legislators to stand on common ground and pass HB2677.

ArMA remains at the forefront of discussions impacting the practice of medicine, patient care, and reproductive health. To date, ArMA has championed efforts to protect physicians and patients by securing a 45-day delay on the enforcement of the 1864 pregnancy termination ban through an agreement with the State; submitting an amicus brief in Planned Parenthood Arizona v. Mayes to support the harmonization of reproductive health laws; and leading healthcare stakeholders to adopt a statement of unity in condemning ambiguous regulations threatening health care.

This is not yet over, and ArMA will continue to fight for Arizonans.