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In the 1962 case Planned Parenthood Committee of Phoenix v. Maricopa County, the Arizona Supreme Court ruled that Arizona Revised Statute 13-213, which banned the public advertising of contraceptive or abortion medication or services, was constitutional. However, the court also ruled that that Arizona Revised Statute 13-213 did not apply to Planned Parenthood's distribution of contraceptive information, allowing Planned Parenthood to continue distributing the information. Following the case, the Arizona law was challenged several times and eventually deemed unconstitutional in the 1973 case State v. New Times INC. The case Planned Parenthood Committee of Phoenix v. Maricopa County established that Planned Parenthood's distribution of medical literature was not advertising as described in the law, and it initiated a decade long discussion about the constitutionality of the laws preventing the distribution of materials related to contraception or abortion.
In the 1972 case Planned Parenthood Center of Tucson, Inc., v. Marks, the Arizona Court of Appeals required the Arizona Superior Court to rehear the case Planned Parenthood Association v. Nelson (1971) and issue a decision on the constitutionality of Arizona's abortion laws. In 1971, the Planned Parenthood Center of Tucson filed the case Planned Parenthood Association v. Nelson asking for the US District Court to rule on the constitutionality of the Arizona Revised Statutes 13-211, 13-212, and 13-213, which made it illegal for anyone to advertise, provide, or receive an abortion. The decision in Planned Parenthood Center of Tucson, Inc., v. Marks forced the Arizona Superior Court to issue a decision on the constitutionality of the Arizona abortion laws, and is one in a series of lawsuits that culminated in the legalization of abortion in Arizona in 1973.
Barry Morris Goldwater was a Republican Arizona Senator and US presidential candidate in the twentieth-century whose policies supported the women's reproductive rights movement. Goldwater, a businessman and Air Force reservist, transitioned into politics in the 1950s. He helped align popular support for a conservative Republican Party in the 1960s. Throughout his life, he worked to maintain personal liberty and to limit governmental intrusion into citizens' private lives. Goldwater, influenced by his wife Margaret (Peggy) Goldwater, supported women's rights to abortions. Goldwater's advocacy and support for reproductive rights assisted in the foundation of the Planned Parenthood chapter in Phoenix, Arizona, and for national policies promoting birth control and abortion rights.
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 1973 case State v. New Times, INC, the Arizona Court of Appeals in Phoenix, Arizona, ruled that Arizona Revised Statutes 13-211, 13-212, and 13-213, collectively called the Arizona abortion statutes, were unconstitutional. The statues made it illegal for anyone to receive, provide, or advertise abortion services. The Arizona Court of Appeals reviewed a case in which a city court in Tempe, Arizona, convicted the New Times, a newspaper headquartered in Phoenix, Arizona, of advertising abortion. In hearing the case, the Arizona Court of Appeals deferred to the recently decided US Supreme Court case Roe v. Wade (1973). In Roe v. Wade, the US Supreme Court ruled that women have constitutional rights to abortion services within the first trimester of pregnancy. Accordingly, the Arizona Court of Appeals claimed that all of Arizona's abortion statutes, including the one the New Times was convicted of, prohibited no criminal acts, and set aside New Times's conviction.
Margaret Higgins Sanger advocated for birth control in the United States and Europe during the late nineteenth and early twentieth centuries. Although people used contraceptives prior to the twentieth century, in the US the 1873 Comstock Act made the distribution of information relating to the use of contraceptives illegal, and similar state-level Comstock laws also classified discussion and dissemination of contraceptives as illegal. Sanger helped to repeal the Comstock Act and similar laws so that women could legally use contraceptives to control their fertility and the sizes of their families. In 1916, Sanger opened the first birth control clinic in the US in New York City, New York. Later in life, Sanger formed several advocacy organizations that promoted access to contraception, including the Planned Parenthood Federation of America. Sanger's advocacy increased women's access to contraception and helped change the United States' social and legal perceptions of birth control.