The Arizona Legislature has approved a repeal of a long-dormant ban on nearly all abortions, sending the bill to Democratic Gov. Katie Hobbs for her expected signature. The ban, which dates back to the Civil War era, does not include exceptions for survivors of rape or incest, and only allows for procedures done to save a patient’s life. Gov. Hobbs stated that she looks forward to signing the repeal and emphasized the importance of protecting women’s healthcare rights. This move is seen as a significant step in the ongoing fight to protect reproductive healthcare in the state.
The revival of the 19th-century law has put Republicans in Arizona on the defensive, especially in a battleground state like Arizona. Vice President Kamala Harris criticized the existing ban in Arizona, highlighting the impact of extreme policies during the Trump administration. Despite the impending repeal, Arizona’s prevailing abortion law would still be a 2022 statute banning the procedure after 15 weeks of pregnancy. Efforts are already underway to prevent the older abortion ban from taking effect before the repeal is fully implemented, with legal challenges and motions being filed.
The near-total abortion ban in Arizona predates the state’s statehood and has been a point of contention for many years. The Arizona Supreme Court recently suggested that doctors could face prosecution under the 1864 law that criminalizes assisting in abortions. Advocates on both sides of the abortion issue have been vocal, with passionate speeches from lawmakers during the voting process. Democratic Senator Eva Burch, who shared her personal experience with a non-viable pregnancy, emphasized the importance of repealing outdated laws that infringe on women’s rights.
Republican Senator Shawnna Bolick, who voted in favor of the repeal, argued that it was necessary to protect the state constitution and prevent extreme ballot initiatives. Advocates from different organizations, including Planned Parenthood, have been mobilizing their efforts to support or oppose the repeal. Former President Donald Trump’s stance on abortion and the impact on Republican losses have also been part of the discussion. The overturning of Roe v. Wade in June 2022 had complicated the legal landscape, leading to the revival of the 1864 ban in Arizona.
Planned Parenthood officials have expressed their commitment to reinforcing networks that help patients travel out of state to access abortion services in neighboring states. Advocates are also collecting signatures for a ballot measure that would allow abortions until a fetus could survive outside the womb, typically around 24 weeks, with specified exceptions. Meanwhile, Republican lawmakers are considering putting forward competing abortion proposals on the November ballot. The ongoing debate and legal challenges surrounding abortion rights in Arizona highlight the complex and divisive nature of the issue in the state.
