Democratic lawmakers in the Arizona Senate successfully advanced a proposal to repeal the state’s near-total ban on abortions, with a potential vote expected as early as May 1. This move follows the Arizona Supreme Court’s decision allowing enforcement of the existing law, which prohibits abortions after 15 weeks of pregnancy and carries significant penalties. If the repeal is passed by the Republican-controlled Legislature and signed into law by Democratic Governor Katie Hobbs, the 2022 statute banning abortions after 15 weeks would be replaced.
The Arizona House, however, blocked efforts to bring a repeal bill to a vote for the second time, with one Republican joining Democrats in support of the measure. The state’s near-total ban on abortions, which dates back to 1864, only allows for the procedure in cases necessary to save the woman’s life and does not provide exceptions for rape or incest. Doctors or anyone assisting in an abortion could face imprisonment under the current law. The Arizona Supreme Court’s recent ruling has added further complexity to the debate over abortion rights in the state.
During the heated debate in the House, members from pro-life groups filled the gallery and applauded after the repeal bill failed to secure enough votes for a vote. House Speaker Ben Toma argued that it was too soon to act on repealing the law, given the recent court decision upholding its enforcement. Democratic lawmakers criticized Republicans for failing to address what they see as an urgent issue, highlighting the impact on women in Arizona. Representative Matt Gress, a Republican who supported a vote on the repeal, emphasized that the outdated law does not align with the values of most Arizonans.
Governor Katie Hobbs, a supporter of repealing the ban, condemned Republican lawmakers for failing to take action, noting the negative impact of the law on women, doctors, and healthcare providers. Despite the setback in the House, Hobbs remains committed to advocating for a repeal of the law. Proponents of anti-abortion measures, such as the Center for Arizona Policy, hailed the outcome in the House as a victory for life, praising lawmakers for upholding their stance on protecting the unborn and their mothers. The 1864 law, previously blocked since Roe v. Wade, is now poised for enforcement following the recent court decisions.
The 1864 law, a relic from the Civil War era, had remained inactive until the recent legal developments following the overturning of Roe v. Wade. Former Arizona Attorney General Mark Brnovich successfully pushed for the lifting of an injunction that had prevented the law’s enforcement, with his Democratic successor, Attorney General Kris Mayes, urging to maintain the status quo. Despite the looming enforcement of the 1864 law, there is still a window of time before it comes into effect, allowing for further legal challenges and debates on the future of abortion rights in Arizona. The national spotlight is on Arizona as the state navigates these contentious issues surrounding reproductive rights.
