The Territorial Code of Arizona, written in the 19th century, that included a provision outlawing all abortions was upheld by the state’s Supreme Court this week.

Reading the code gives insight into how old these laws are, from a time when straight and predominantly white men were the deciders of people’s lives.

When the rules were written, Arizona was almost 50 years from becoming a state, the Civil War was still raging, and women couldn’t even vote. It’s also when criminalizing LGBTQ+ people was common.

We looked at the code and found a law that impacted gay men, which has since been ruled unconstitutional. The code specifically says the territory’s law enforcement could imprison LGBTQ+ people for as long as their natural lives for having consensual sex.

The Howell Code of 1864, named after the New York judge appointed by President Abraham Lincoln to write rules for the newly formed Arizona Territory, abolished slavery in the territory. But within it, there was a rule that said “the infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the territorial prison for a term not less than five years, and which may extend to life.”

The phrase “infamous crime against nature” is a term used that referred to homosexual sex—specifically sodomy. Thirteen states still have laws that include “crime against humanity” definitions, but they are unenforceable. In 2003, the U.S. Supreme Court decided in Lawrence v. Texas that those laws were unconstitutional.

That case’s outcome, though, was determined off the same privacy rights established in Roe v. Wade, which was overturned last summer. As a result, Lawrence v. Texas has been the focus for some conservatives who say sodomy laws may come back.

Attorney General Kris Mayes’s office said she believes the territorial ban on abortions is “unconstitutional,” but wouldn’t comment on other aspects of the territorial code, generally.

WHAT THE LOOKOUT IS KEEPING AN EYE ON: There’s a misunderstanding that abortion care doesn’t affect LGBTQ+ people. It couldn’t be further from the truth, though.

In 2020, Women’s Health Issues published a study that found, “all sexual minority groups—except lesbians—were generally more likely than heterosexual peers to have a pregnancy, a teen pregnancy, and an abortion.”