The 1973 case Nelson v. Planned Parenthood Center of Tucson established the legality of abortion in Arizona. The Arizona Court of Appeals ruled that the Arizona Revised Statutes 13-211, 13-212, and 13-213, collectively called the Arizona abortion statutes, were unconstitutional. The statutes had made illegal receiving, providing, or advertising abortions. After the Arizona Appeals Court heard the case, it decided that the Arizona abortion statutes were constitutional. However, two weeks later the US Supreme Court decided in Roe v. Wade (1973) that abortion was constitutional at the federal level. The Arizona court followed the precedent set by the US Supreme Court and amended its decision to rule that the Arizona abortion statutes were unconstitutional. Afterwards, Planned Parenthood, other family planning clinics, and hospitals were legally allowed in Arizona to advertise, discuss, and offer abortions as an option to their patients.
In the 2013 case Isaacson v. Horne, the US Court of Appeals in the Ninth Circuit ruled that Arizona House Bill (HB) 2036, which prohibited abortions after twenty weeks of gestation, was unconstitutional. The Arizona State Legislature passed the law in 2012, which was then challenged by three physicians who filed a lawsuit against the state, arguing that the law violated women's constitutionally protected rights to abortions, rights that may only be infringed once fetuses are viable outside of the womb. In hearing the case, the Ninth Circuit US Court of Appeals relied on the precedent set by the US Supreme Court in Roe v. Wade (1973) that ruled that states could not constitutionality prohibit abortions prior to fetal viability at twenty-four weeks. The case Isaacson v. Horne strengthened the precedent in Arizona that laws prohibiting abortion prior to fetal viability are unconstitutional, and it upheld women's rights to decide to terminate their pregnancies prior to fetal viability.
Emmett McLoughlin wrote People's Padre: An Autobiography, based on his experiences as a Roman Catholic priest advocating for the health of people in Arizona. The Beacon Press in Boston, Massachusetts, published the autobiography in 1954. McLoughlin was a Franciscan Order Roman Catholic priest who advocated for public housing and healthcare for the poor and for minority groups in Phoenix, Arizona, during the mid twentieth century. The autobiography recounts McLoughlin's efforts in founding several community initiatives throughout Phoenix, including the St. Monica's Community Center, later renamed St. Pius X Catholic Church, the Phoenix housing projects, and St. Monica's Hospital, later renamed Phoenix Memorial Hospital. McLoughlin's autobiography discusses his advocacy for people to have greater access to maternity and prenatal healthcare, to testing and treatment for sexually transmitted infections, and to birth control in the Phoenix area.
The Clinica Para Madres (Mother’s Clinic) opened in Tucson, Arizona, in December of 1934 as the first birth control clinic in Arizona. After moving to Tucson, birth control activist Margaret Sanger, along with a group of local philanthropic women, founded the clinic to provide Arizona women with contraception. During the early 1900s in the US, contraception was illegal under the federal Comstock Act. Additionally, many viewed contraception and sex as obscene and not to be discussed in public or outside of marriage. In 1950 the clinic affiliated with the national organization, Planned Parenthood Federation of America, and it eventually became the Planned Parenthood of Southern Arizona. Clinica Para Madres, the first birth control clinic in Arizona, provided women with contraception despite birth control being illegal and socially stigmatized.
Established in 1950, the Planned Parenthood Center of Tucson provided Arizona women with family planning resources until 1977, when it expanded to locations outside of Tucson and became Planned Parenthood of Southern Arizona. The Planned Parenthood Center of Tucson was formed after the Clinica Para Madres, the first birth control clinic in Arizona, merged with the national organization Planned Parenthood Federation of America. The clinic moved to several rented locations throughout the Tucson area before establishing a permanent location named the Margaret Sanger Clinic in Tucson, Arizona.
The Planned Parenthood Committee of Phoenix was established in 1942 to expand Arizona women's access to family planning resources. The Planned Parenthood Committee of Phoenix was formed through the merging of The Mother's Health Clinic in Phoenix, Arizona, with the national Planned Parenthood Federation of America. The clinic was primarily based within the Phoenix Memorial Hospital campus but expanded to other locations in the late 1960s. Until it became Planned Parenthood of Central and Northern Arizona in 1978, the Planned Parenthood Committee of Phoenix provided Arizona women with contraception, initially in the form of diaphragms and spermicide, and later including the birth control pill. It also provided educational information on relationships, sex, contraception, and infertility.
In the 1989 case Webster v. Reproductive Health Services, the US Supreme Court upheld the constitutionality of a Missouri law regulating abortion care. The Missouri law prohibited the use of public facilities, employees, or funds to provide abortion counseling or services. The law also placed restrictions on physicians who provided abortions. A group of physicians affected by the law challenged the constitutionality of certain sections of it. The US federal district court that first heard the case ruled many of the challenged sections of the law unconstitutional. The Missouri attorney general then appealed the case to an US federal appeals court and eventually to the US Supreme Court in Washington, D.C. In a five to four decision, the US Supreme Court overturned the decisions of the lower federal courts, ruling that it was constitutional to prohibit public funds, facilities, and employees from providing abortion care. In doing so, the Supreme Court upheld a state law that limited women’s access to abortions and established a precedent that states could apply restrictions to abortion care.
In the 1990 case Hodgson v. Minnesota, the US Supreme Court in Washington, D.C., upheld Minnesota statute 144.343, which required physicians to notify both biological parents of minors seeking abortions forty-eight hours prior to each procedure. The US Supreme Court determined that a state could legally require physicians to notify both parents of minors prior to performing abortions as long as they allowed for a judicial bypass procedure, in which courts could grant exceptions. The Supreme Court’s decision in Hodgson v. Minnesota allowed for the enforcement of Minnesota statute 144.343, which changed minors’ abilities to access abortions in Minnesota by requiring parental notification by a physician forty-eight hours prior to each abortion.
In the 1973 court case Doe v. Bolton, the US Supreme Court in Washington, D.C., ruled that a Georgia law regulating abortion was unconstitutional. The Georgia abortion law required women seeking abortions to get approval for the procedure from their personal physician, two consulting physicians, and from a committee at the admitting hospital. Furthermore, under the statutes, only women who had been raped, whose lives were in danger from the pregnancy, or who were carrying fetuses likely to be seriously, permanently malformed were permitted to receive abortions. The US Supreme Court ruled that the Georgia requirements violated the right to privacy implicit in the Fourteenth Amendment to the US Constitution. Decided on the same day as the abortion case Roe v. Wade, Doe v. Bolton expanded women’s access to abortion by striking down laws that restricted the reasons for which women could receive abortions.
In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion providers have admitting privileges at local hospitals and that abortion facilities meet ambulatory surgical center standards. Whole Woman’s Health represented abortion care providers in Texas and brought the case against the commissioner for the Texas Department of State Health Services, John Hellerstedt. In a five to three decision, the US Supreme Court ruled that the requirements of the challenged law, Texas House Bill 2, had forced the majority of abortion care facilities to close. With fewer available facilities, women faced undue burdens of travel time and cost when seeking abortions, restricting their access abortion care. In previous US Supreme Court cases Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the Court ruled that placing undue burdens on women seeking abortion care was unconstitutional. Upholding those decisions in Whole Woman's Health v. Hellerstedt, the US Supreme Court struck down Texas House Bill 2 and protected women’s access to abortion care.