The Republican-led Arizona House of Representatives recently voted to repeal the state’s Civil War-era abortion ban, marking a significant development in the ongoing debate around reproductive rights in the battleground state. This was the third attempt to repeal the ban, with a vote of 32-28 in favor of the repeal. Republican Reps. Matthew Gress, Justin Wilmeth, and Tim Dunn crossed party lines to vote with all the House Democrats on this issue.
The motion will now move to the state Senate, which is also Republican-led and working on its own repeal bill. The earliest it could be voted on in the Senate is May 1. The 1864 law that the Supreme Court ruled could be enforced called for a near-total ban on abortion, making it a felony with up to five years of prison time to perform an abortion unless the mother’s life is in danger. If the law is repealed, Arizona’s previous law that banned abortions after 15 weeks would be reinstated.
Democratic Rep. Oscar De Los Santos emphasized the importance of allowing individuals to make their own decisions regarding reproductive healthcare, stating that decisions like getting an abortion should be in the hands of patients, their families, and their healthcare providers, rather than politicians. However, Arizona House Speaker Rep. Ben Toma disagreed, stating that he opposes the advocacy for “unlimited, unrestricted, and unregulated abortions” by his Democrat colleagues.
Even if the Senate passes the repeal and it is signed by Democratic Gov. Katie Hobbs, the 1864 law could still go into effect for a period of time due to the nature of legislative sessions. As of now, the law is scheduled to go into effect on June 8. The recent ruling by the Arizona Supreme Court allowing the ban to be enforced has drawn criticism from both political parties. President Joe Biden described the ban as “cruel” and tied to the extreme agenda of Republican officials, while former President Donald Trump called on the state legislature to act immediately to overturn the ruling.
After the Supreme Court issued its decision, Democratic state Attorney General Kris Mayes, who has the authority to enforce abortion laws, criticized the ruling as “unconscionable” and an affront to freedom. Mayes vowed that as long as she is attorney general, no woman or doctor would be prosecuted for receiving or providing an abortion. The ongoing debate surrounding the abortion ban in Arizona highlights the contentious nature of reproductive rights in the state and the significant impact of legislative decisions on individuals’ access to healthcare.
