The pre-statehood ban was the law of the land in Arizona until the U.S. Supreme Court's 1973 Roe decision made it illegal to enforce.
But the Arizona Supreme Court ruled last week that the legislature's 'unequivocal intent' was to keep it on the books should the federal right to abortion be overturned, as it was in 2022.
In 1913, a year after Arizona gained statehood, the legislature codified much of the original Howell Code, including the abortion ban, in its state statutes.
In 1977, lawmakers re-codified the 1864 law as a political statement even though it could not be enforced because of the Roe decision.
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