Arizona’s 1864 abortion law was made in a women’s rights desert – here’s what life was like then
But abortion was illegal in Arizona.
- But abortion was illegal in Arizona.
- Boido, the city’s sole female physician, asked Juhl for US$100 – about $2,000 today – to perform the abortion.
- Juhl left the office, then tried to give herself an abortion and returned to Boido’s practice in physical distress.
- It is unclear whether Boido performed an abortion, removed fetal tissue, or merely gave her pain medication.
- As someone who teaches history in Arizona and researches slavery, I think it is useful to understand what life was like in Arizona when this abortion ban was in force.
A women’s rights desert
- In 1864, Arizona – which was an official territory of the United States – was a vast desert.
- Most women living in territorial Arizona were Diné, meaning Navajo, or Chiricahua Apache.
- All women in Arizona could not vote, serve on juries or exercise full control over property in a marriage.
- Throughout his life, he would have three more wives, including a 12-year-old, a 15-year-old and a 14-year-old at the time of their weddings.
Women’s rights in territorial Arizona
- Women had few basic rights in Arizona before it became a state in 1912.
- Hispanic and African American women had even fewer rights than white women.
- Arizona punished anyone who kidnapped a Black person for the purpose of selling them into slavery.
- In 1913, one year after Arizona became a state, women finally got the right to vote.
Getting an abortion in territorial Arizona
- Some women like Juhl did indeed violate Arizona’s abortion ban, based on historical evidence of physicians charging a high fee.
- The jury “found her guilty of performing an illegal operation,” according to the Arizona Republican newspaper.
- Arizona kept this 1864 abortion ban in place until the U.S. Supreme Court ruled, in Roe v. Wade in 1973, that the right to get an abortion was constitutionally guaranteed.
- The court reversed Roe v. Wade in 2022, sparking a series of events that have led to the resurrection of the 1864 Arizona abortion ban.
Calvin Schermerhorn does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.