Democratic Arizona Gov. Katie Hobbs signed a repeal bill that effectively ended a Civil War-era ban on most abortions in the state. The repeal may not take effect until 90 days after the end of the legislative session, potentially putting it into effect in June or July. Abortion rights advocates are hoping that a court will intervene to prevent any delays. The long-dormant law, which prohibited all abortions except those done to save a patient’s life, was overturned by a 16-14 vote in the Senate. Hobbs criticized the ban as being passed by men before Arizona was even a state, comparing it to a time when America was divided over slavery.
The repeal vote was emotional and personal, with senators sharing their reasons behind the decision, including graphic descriptions of abortion procedures and the playing of fetal heartbeat recordings. Supporters of a South Dakota abortion rights initiative also submitted signatures for the ballot, while Florida enforced a ban on most abortions after six weeks of pregnancy. Arizona Attorney General Kris Mayes has requested the state’s highest court to block enforcement of the abortion ban until later in July. The near-total ban, without exceptions for rape or incest survivors, carries a prison sentence of two to five years for those involved in an abortion. A repeal would mean that a 2022 statute banning abortion after 15 weeks of pregnancy will become Arizona’s prevailing abortion law.
Arizona Rep. Stephanie Stahl Hamilton, a Democrat, played a central role in the push to repeal the territorial abortion ban. She shared personal stories of witnessing reproductive rights being denied and the hardships faced by her family in terms of pregnancies. President Biden’s campaign team views anger over the overturning of Roe v. Wade as a political advantage in battleground states like Arizona. The repeal issue has divided Republican leaders, with some advocates disrupting the Senate gallery during the vote. Following the overturning of Roe v. Wade in 2022, Arizona Attorney General Mark Brnovich convinced a state judge to enforce the 1864 abortion ban, which was never actually carried out. Planned Parenthood Arizona filed a motion to prevent a pause in abortion services until the legislative repeal goes into effect.
Advocates are collecting signatures for a ballot measure that would allow abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions for saving the parent’s life or protecting their physical or mental health. Republican lawmakers are also contemplating putting forward competing abortion proposals on the November ballot. Dr. Ronald Yunis, an obstetrician-gynecologist who provides abortions, views the repeal as a positive development for patients who would otherwise have to travel out of state for care. He expressed confidence in the governor and attorney general to continue protecting women’s access to essential healthcare services. The battle over abortion rights is ongoing, with efforts from both sides to shape the future of reproductive health care in Arizona.
