Democrats in the Arizona Senate have made moves to repeal the state’s near-total ban on abortions. The proposed repeal could be brought to a vote as early as May 1 if it receives final approval from the Republican-controlled Legislature and is signed into law by Democratic Gov. Katie Hobbs. The current law, dating back to 1864, only permits abortions to save the woman’s life and carries a sentence of two to five years in prison for those involved in the procedure.
The Arizona Supreme Court recently ruled that the 1864 law can be enforced, potentially leading to the prosecution of doctors and others involved in providing abortions. Efforts to bring a repeal bill to a vote in the Arizona House have been blocked by Republicans, leading to heated debates in both chambers. Pro-life supporters have packed the House’s gallery, while Democrats argue that failure to act on repealing the ban is a disservice to women in the state.
House Speaker Ben Toma defended the decision not to immediately act on the repeal bill, citing deeply held beliefs among Republicans regarding abortion as the murder of children. Democratic Rep. Alma Hernandez criticized the delay in overturning an “archaic” law that will significantly impact women in Arizona. Efforts to bring the repeal to a vote have been stymied by a 30-30 split in the House, with only one Republican joining Democrats in support.
Republican Rep. Matt Gress emphasized the urgency of addressing the 160-year-old law, stating that it does not reflect the values of most Arizonans and calling for prompt action. Gov. Hobbs, a supporter of repealing the ban, expressed disappointment in the failure of the House to act, noting the negative impacts already being felt by women, doctors, and healthcare providers under the revived law. The Center for Arizona Policy, a prominent anti-abortion group, hailed the outcome as a victory for life, highlighting the commitment of pro-life lawmakers to protect the unborn.
The Civil War-era law banning most abortions has been revived following the overturning of Roe v. Wade in June 2022. Former Arizona Attorney General Mark Brnovich played a key role in lifting the injunction that blocked enforcement of the ban, with his Democratic successor, Attorney General Kris Mayes, urging resistance against the law. The state’s highest court has indicated that enforcement of the 1864 law may begin within the next two weeks to two months, depending on related legal proceedings.
