The Arizona House of Representatives voted to abolish a law from 1864 that banned almost all abortions, in a potential new reversal on the issue in the United States. The law had been deemed applicable two weeks prior by the Arizona Supreme Court, and if the Senate follows suit as expected, Arizona would allow abortion up to 15 weeks. Three moderate Republicans joined with 29 Democrats to achieve a majority for the abolishment of the law, which prohibited abortion from the moment of conception, with exceptions only if the mother’s life was in danger. The law did not consider rape or incest as valid exceptions, leading to controversy and criticism from both Joe Biden and Donald Trump.
The law had been dormant for decades but was recently ruled to be applicable by the Arizona Supreme Court in a decision made on April 9th. The law had been blocked since the 1973 Roe vs. Wade decision by the U.S. Supreme Court, which guaranteed the constitutional right to abortion nationwide. However, after a change in jurisprudence in 2022 that annulled this federal guarantee, the attorney general of Arizona successfully argued that the 1864 ban could be enforced, resulting in a move to repeal the law.
Opposition to the reinstatement of the 1864 law was strong, with many considering it a stain on the state’s history. The current attorney general of Arizona, Democrat Kris Mayes, described the decision as a mark on the state’s record, given that it originated at a time when Arizona was not even a state and women did not have the right to vote. She had stated that she would not pursue prosecutions under the law, but the situation could change depending on the election outcomes, as prosecutors in the U.S. are elected officials.
A referendum has been proposed to enshrine abortion rights in the Constitution of Arizona, with supporters announcing that they have gathered enough signatures for the initiative. If confirmed, the vote would coincide with the presidential election in November, similar to what is happening in other key states like Florida. President Joe Biden, a Democrat, has made defending women’s rights a major focus of his campaign for a second term, contrasting with Republican opponent Donald Trump, who has highlighted his role in reshaping the Supreme Court’s stance on abortion.
Democrats in Arizona have been vocal in their opposition to the reviving of the 1864 law, with Senator Priya Sundareshan stating that the state is now living in the past due to Trump’s actions in dismantling Roe vs. Wade. This move comes amid a larger debate about healthcare access for women and the politicization of abortion rights in the lead-up to the November elections. The issue is shaping up to be a major point of contention between the two major parties, with potential consequences for the future of abortion legislation in the United States.
