The World of 1864

This territorial law (before Arizona was a state) was passed in 1864.  At that time- antibiotics had yet to be discovered.  The appearance of pus in a healing wound was considered normal.  Surgeons operated with unwashed hands.   Germ theory was not widely accepted.  Those with toothaches might use cocaine for relief.  The New England Journal of Medicine existed at that time.  Articles published in 1864 include the following:  "Is Consumption Ever Contagious or Communicated to Another in Any Manner?" "The Medical Management of Insane Women," and "Menstruation and its Connection to Utero-Gestation."  There are some quotes from the latter article that are particularly interesting including "Until recently the subject of menstruation, though much discussed, has been but little understood."  Also "And the analogy of nature is invoked to prove that the seasons of menstruation in the human female corresponds entirely to that of heat in other animals.  To this doctrine, thus broadly stated, I have never been able to yield my assent.  It seems to me to contradict the established facts.  If it were true, the sexual passion of the human female should be strongest while the menstrual flow is upon her..."

The law dates back to a time when doctors were mystified by menstruation, when surgeons did not understand the importance of handwashing, and when there was some question as to whether tuberculosis (consumption) is contagious.  In 2022 doctors understand menstruation, those with tuberculosis in the hospital are placed in isolation, and surgeons wash their hands.  In 1864, doctors could face jail time for performing abortions.  Now, in 2022, doctors could face jail time for performing abortions.  

The state’s pre-Roe law, which prohibits all abortions except  in cases where the mother's life is in danger,  was penned in 1864, when the above articles were published in the New England Journal of Medicine.  Enforcement of the statute has been blocked since 1973.

Although there are exceptions- for when the pregnant woman's life is in danger- it's unclear what, precisely, this means.  Does this mean that an abortion is legal if the woman is seconds away from death?  Does this mean that abortion is legal, if the woman is in multiorgan failure and *may* die?  What if the abortion is performed- and- the courts decide that the woman in the second example could, theoretically have lived.  Does the doctor go to jail?  There are no exceptions for rape or incest.   A woman will need to carry a fetus to term, even if the fetus has deformities so severe that life outside the womb is impossible. 

There is currently no paid maternity leave in this right to work state.  There are no comprehensive adoption centers.  There is no adequate funding for childcare.  A woman can be fired if she takes off too much time to care for a sick baby.  There is a lot of rhetoric from the right, including from my opponent Kavanaugh, regarding the "right to life."  This is a soundbite not a solution of any sort.  We cannot allow this near complete abortion ban.  The republican's in office right now have NO idea what is LIFE THREATENING.  

Access to abortion is healthcare.  Menstruation is not a mystery.  Tuberculosis is contagious.  It is 2022.  

Right now- the only realistic path to taking the senate is my election to state senate in LD3.  If we flip this ONE district- we flip the senate.   We need to stop the voter suppression and to protect women's rights.  If we flip this ONE district, this is within our grasp.  73% of our district is pro-choice.  This IS a battleground district DESPITE what our state party believes.  They have NOT factored Roe V. Wade into account.  This district is ours to LOSE.  We only LOSE if you don't support this race with donations.  My staff is ready to start our media campaign but we DO NOT HAVE FUNDING.  Please donate - it is up to you to save this state. 

Burns , S. (n.d.). Wound infection. PBS. Retrieved September 27, 2022, from

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