Democratic lawmakers in Arizona are making a third attempt to repeal an 1864 law that outlaws abortion, sparking a divisive battle over abortion rights in the Republican-controlled State Legislature. The previous attempts at repeal failed when Republican leaders prevented Democrats and some members of their own party from bringing the measure to a vote. However, Democrats remain determined to push for a repeal and are seeking new support and strategies to advance their cause. The bill to repeal the 1864 law has yet to be voted on, and it remains unclear if any additional Republican lawmakers will support the measure.
The Legislature’s resistance to undoing the ban has created a divide within the Republican Party, with some prominent figures, including former President Donald J. Trump, urging lawmakers to scrap the law. However, powerful anti-abortion groups in Arizona have encouraged Republican state lawmakers to maintain the ban, arguing that it protects women and babies. Despite this, there is growing pressure for a repeal, as many voters view the law as outdated and extreme. Efforts to force a repeal vote have been met with resistance from Republican leaders, as they fear alienating conservative constituents in their districts.
Efforts to repeal the 1864 law have been stalled in the House, where the Speaker, a Republican, has made it clear that he does not support repealing the ban. The Speaker holds significant influence over which bills get a hearing or vote, presenting a significant obstacle to the repeal movement. However, Democrats and some Republicans have managed to introduce a similar repeal measure in the State Senate, which is expected to advance on Wednesday. Lawmakers are reaching out to potential supporters and allies in the hopes of gaining enough votes to push the repeal forward.
The fight over the 1864 abortion ban intensified after the State Supreme Court ruled that it could be enforced, despite Arizona passing a law allowing abortions up to 15 weeks two years ago. The 1864 law prohibits abortions from the moment of conception, with no exceptions for cases of rape or incest, except to save the mother’s life. While the ruling has been temporarily put on hold, abortion providers face the prospect of being criminalized under the law and are likely to stop performing abortions once it takes effect.
There is growing uncertainty and disagreement over when the 1864 law might be enforced, with the Attorney General stating that she will not enforce it and exploring legal challenges to delay its implementation. The Alliance Defending Freedom, a conservative Christian group, believes county prosecutors could begin enforcing the law imminently. Lawmakers are concerned about the rapidly closing window for action, as they only meet once a week, and abortion providers fear the potential consequences for pregnant individuals in Arizona. The debate over the 1864 abortion ban continues to dominate Arizona politics, as lawmakers grapple with the decision on whether to repeal the controversial law.
