In the 1860s, Arizona passed a near-total abortion ban, with historians pointing to power struggles between male physicians and midwives as a key motivator. Midwives were predominantly performing abortions using herbs or metal instruments, causing resentment among male physicians who sought to establish dominance over reproductive health care. The American Medical Association was formed in 1847 to eliminate competition from nonlicensed providers and boost the standing of physicians. Rising birthrates among immigrants and falling birthrates among American-born women fueled concerns about controlling fertility.
Prior to Arizona’s near-total ban, abortion restrictions were already in place, with abortions illegal after women felt fetal movement, which could occur between 16 and 21 weeks’ gestation. The AMA and anti-abortion advocates initiated a campaign against abortion in the late 1850s, leading to a national movement to restrict it. The 1864 Arizona law criminalized abortion before fetal movement detection, making it a felony punishable by prison time. Similar bans were enacted across the country by the end of the 19th century, giving physicians more power and discretion over reproductive health.
The AMA has stated that its stance on abortion has evolved since the 1800s, advocating for patients and physicians to make decisions on early pregnancy termination. Despite the power that the 1864 ban gave physicians, modern abortion restrictions leave doctors uncertain about when they can provide care without facing prosecution. The Arizona Supreme Court’s recent decision to uphold the 1864 ban has sparked controversy, with concerns about gender equality and reproductive rights being overlooked.
During the 1860s, birth control and pregnancy tests were non-existent, and early-term abortions were a common practice. Doctors had limited knowledge of reproductive health, and technology was lacking. It was not until much later that research into pregnancy testing and hormonal reactions began to advance. The historical context sheds light on the challenges faced by women seeking reproductive care in the 19th century and the power dynamics that shaped abortion policies.
The enforcement of the 1864 Arizona abortion ban reflects a historical struggle for power between male physicians and midwives, highlighting the gendered nature of reproductive health care. The ban, and similar laws enacted across the country, limited access to safe abortion care and gave physicians more control, ultimately shaping the trajectory of reproductive rights in the United States. The evolution of abortion policies and the ongoing debates around gender equality serve as a reminder of the complex history of reproductive health care and the enduring fight for autonomy and access to safe and legal abortion services.
