'Extreme, punishing law is unacceptable': Hundreds gather in Scottsdale for abortion rights

Old Town Scottsdale erupted into a cacophony of honking cars on Sunday afternoon as hundreds of abortion rights supporters gathered.

The demonstration was part of a rallying cry to enshrine abortion rights within the state Constitution. Sign messages included "Healthcare not handcuffs" and "Girls just wanna have fundamental rights" among others.

The rally follows the Arizona Supreme Court's decision to reinstate a 160-year-old abortion ban that criminalizes abortions under nearly every circumstance except when the mother's life is in jeopardy. Only four other states — Arkansas, Oklahoma, South Dakota and Texas — have laws similar to what will go into effect in Arizona.

Multiple organizations organized Sunday's rally, including Arizonans For Abortion Access, Indivisible Arizona, Stand Indivisible AZ, the National Council of Jewish Women Arizona and the National Organization For Women Arizona.

Supporters of an effort to put abortion rights into the Arizona Constitution decried a court ruling upholding a pre-statehood ban on Tuesday, but acknowledged the decision could have a "seismic" political effect.

Abortion rights groups have been working for months to gather enough signatures to qualify for the November ballot. They've since had more than enough signatures, well ahead of a July deadline.

Then came the 4-2 Arizona Supreme Court ruling, which upheld an 1864 law criminalizing abortion providers unless they are acting to save the life of the mother. As Democratic Arizona Gov. Katie Hobbs put it, the court left Arizona with "one of the most extreme abortion bans in the country."

That ruling also will leave Arizonans with a choice: The court-ordered pre-statehood ban or the ballot measure.

The Arizona Abortion Access Act is a proposed Constitutional amendment that would enshrine abortion access up to fetal viability unless the health care provider determines an abortion is necessary to protect the life or physical or mental health of the patient.

Claire Elley, 23, of Scottsdale attended the rally with her dog Sydney, who wore a sign that read "Paws off my momma's body."

Catch up: Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules

Elley said it was unacceptable for a law created 160 years ago to dictate what she could or couldn't do with her own body.

"I'm very much a strong believer that anyone with female reproductive organs — not just women — should have access to every form of health care that they need and this law takes that away from all of us," Elley said.

Elley said she experienced fear when she heard the news that the Arizona Supreme Court upheld the 1864 law and felt the need to take action if lawmakers believed they should have any say over her personal medical decisions.

Dawn Penich, a spokesperson for the Arizona for Abortion ballot measure campaign, said last week's ruling sparked outcry from people all over the state.

Demonstrators hold signs against the 1864 near-total territorial abortion ban while protesting in Scottsdale on April 14, 2024.
Demonstrators hold signs against the 1864 near-total territorial abortion ban while protesting in Scottsdale on April 14, 2024.

"Since the ruling Tuesday, thousands of Arizonans across the state have been showing up to rallies like this one, all of it with the same message of 'this extreme, punishing law is unacceptable to us,'" Penich said. "I think that the number of people showing up — both at these rallies and at the signature collection events that we're having all over the state — just shows how out of step this ruling is with what Arizona voters value."

Penich said she knew back when the ballot measure campaign started last year that the Arizona Supreme Court would eventually make a ruling on the 1864 law.

"We were prepared for the worst but hoped for the best," Penich said. "And now the worst has happened."

Penich urged Arizonans to sign the petition to put the Constitutional amendment on the ballot in November and then volunteer to circulate the petition with friends, family and others.

"Regardless of what the legislature does, the threat of more extreme laws like this is always going to be hanging over our heads as Arizonans unless we amend the Constitution and put a stop to that, which is what the Arizona Abortion Access Act does," Penich said.

Penich said she has been inundated with stories from women who told her they would have fled the state or died had the 1864 law — a period when women weren't allowed to vote — been in effect at the time when they were pregnant. During a press conference for the ballot measure campaign on the day of the ruling, Penich said multiple medical providers spoke about how they'd either have to close up shop or move out of Arizona rather than wait until their patient is on the brink of death and risk going to prison anyway.

Beth Ballmann, an organizer with Stand Indivisible, said women will die as a result of the Arizona Supreme Court's ruling. Women will be second-class citizens until they have autonomy over their own bodies, she said.

"No child should come into this world that doesn't come into a safe, stable, loving home that has enough resources, and if it's up to the mom to make a decision about what to do going forward, that she can decide on the trajectory of her life with the best interests of her family and her children — her already existing children.

Ballmann said it was "unconscionable" for politicians to believe they should have a say in how a woman proceeds with her pregnancy.

Ballmann said she would tell those who don't support the 1864 law but rather the 15-week ban that was imposed before that very few late-term abortions occur and those that do are usually due to a significant fetal abnormality that would otherwise cause intense pain and suffering.

"I just think it's so important for people to understand that these are heart-wrenching decisions that are made by women, and the situation that each woman finds herself in is unique and nuanced," Ballmann said.

"And there really is just no way that politicians should be involved in that, or random people or anybody who thinks that their religion is true for everybody.

Reach public safety and breaking news reporter Perry Vandell at 602-444-2474 or perry.vandell@gmail.com. Follow him on X, formerly known as Twitter @PerryVandell.

This article originally appeared on Arizona Republic: Hundreds gather in Scottsdale for abortion rights in state Constitution