Arizona took a step towards scrapping an 1864 law banning abortion, with three Republican lawmakers voting with Democrats to repeal it. The law, which outlaws abortions from the moment of conception except to save the mother’s life, was revived by the Arizona Supreme Court and ignited a political firestorm. The ban, which provides no exceptions for cases of rape or incest, was criticized as a draconian intrusion into women’s rights. Despite resistance from some Republicans, including former President Donald J. Trump, efforts to repeal the law have gained momentum.
The repeal bill passed in the Arizona House of Representatives and now moves to the State Senate, where Republicans have a narrow majority. Governor Katie Hobbs, a vocal supporter of abortion rights, is expected to sign the repeal if it reaches her desk. The revival of the old law has created a rift within the Republican Party, with some lawmakers equating abortion with slavery and murder. Abortion opponents in Arizona have urged Republican lawmakers not to overturn the ban, claiming it protects women and babies. However, the decision to repeal the law has faced criticism and backlash from some within the party.
The Arizona State Supreme Court ruled that the ban could be enforced, but it would not go back into effect until June 8, according to Attorney General Kris Mayes. Some Republican lawmakers who broke ranks with their party to support the repeal risk alienating their conservative voters in their districts. The decision to repeal the 1864 law has sparked emotional debates and intense lobbying efforts, with lawmakers trying to secure enough votes for the repeal bill to pass. House Speaker Ben Toma has expressed his opposition to repealing the law, citing his personal beliefs on abortion as the reason for his stance.
Lawmakers and abortion providers are racing against time, as there is growing tension over when the 1864 law might be enforced. Attorney General Mayes has stated that she will not enforce the law, and her office is exploring other legal challenges that could further delay its implementation. The Alliance Defending Freedom, a conservative Christian group that supported upholding the ban in court, believes county prosecutors could start enforcing the law soon. With the legislature meeting only once a week, concerns are mounting among pregnant individuals and healthcare providers in Arizona about the potential impact of the 1864 ban on abortion services in the state.
The fight over the 1864 ban has dominated Arizona politics since the Arizona Supreme Court revived it. The court’s decision to uphold the ban, despite Arizona passing a law allowing abortions through 15 weeks, has caused controversy and division within the state. The debate over the repeal of the ban has highlighted the deep ideological divides within the Republican Party in Arizona, with some lawmakers sticking to their pro-life stance while others support a woman’s right to choose. As the repeal bill progresses through the legislature, the future of abortion rights in Arizona remains uncertain, with stakeholders on both sides of the issue closely watching the developments.