Arizona lawmakers are on the cusp of repealing a century-old abortion ban, originally enacted in 1864, making it one of the earliest abortion bans in the country that is still on the books. The expected vote in the Arizona State Senate comes after a recent decision by the State Supreme Court allowing enforcement of the ban due to the overturning of Roe v. Wade. This move has sparked a fierce debate and intense political maneuvering in the state.
The issue has galvanized Democratic voters and fueled efforts to put an abortion-rights ballot measure before Arizona voters in November. On the other side, there is a rift between anti-abortion activists who want to keep the ban and Republican politicians who are concerned about potential political backlash by supporting a near-total abortion ban with no exceptions for rape or incest. Despite attempts by Democrats to force a repeal bill, they were initially blocked by conservative lawmakers in the Republican-controlled state Legislature.
In a surprising turn of events, three Republican members of the Arizona House joined with every Democrat to pass a repeal bill, sending it to the Arizona Senate for final approval. If the repeal passes, it is expected to be signed by Governor Katie Hobbs, a Democrat. Anti-abortion activists have mounted efforts to urge lawmakers to reconsider, fearing that other states with Republican-controlled legislatures may follow Arizona’s lead. The outcome of this vote could have far-reaching implications in the national context of abortion rights.
While the potential repeal of the 1864 ban is a significant development, Arizona still has other restrictions in place such as a 2022 law prohibiting abortions after 15 weeks without exceptions for rape or incest. Democrats emphasize the importance of enshrining abortion rights into Arizona’s Constitution to protect against future attempts to reinstate bans like the 1864 law. They hope that the controversy surrounding this issue will mobilize voters in favor of President Biden and the ballot measure in November.
The deep divide on abortion policy in Arizona reflects broader national trends following the Supreme Court’s 2022 decision overturning Roe v. Wade. Some red states have chosen to protect abortion rights through ballot measures, while others have passed restrictive laws limiting access to the procedure. The repeal of the 1864 ban in Arizona is seen as a potential turning point in this ongoing debate, with implications for the future of abortion policy across the country.
Ultimately, the decision to repeal the 1864 abortion ban in Arizona represents a major step in the ongoing battle over reproductive rights in the state and the nation as a whole. The fierce political maneuvering, public protests, and last-minute appeals by anti-abortion activists highlight the deep ideological divisions at play. As the state Senate prepares to vote on the repeal, the outcome will not only have immediate consequences for abortion access in Arizona but could also influence the direction of abortion policy in other states with Republican-controlled legislatures.
