The state of Arizona made national headlines when Governor Katie Hobbs signed a bill on Thursday repealing a near-total abortion ban from the Civil War era. This decision came after the Arizona Supreme Court reinstated the ban early last month, sparking controversy and putting Arizona’s abortion debate in the spotlight. Governor Hobbs, a Democrat, made it clear that she is committed to protecting reproductive freedoms and trusts women to make decisions that are best for them.
The bill to repeal the 1864 abortion ban had faced challenges in the Arizona House of Representatives, but ultimately passed on its third attempt with the support of three Republicans who crossed party lines. It then went to the Senate, where it also passed with the help of two Republicans who joined 14 Democrats in reversing the ban. The 1864 law had enacted 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 was in danger.
Although Governor Hobbs has signed the repeal bill, the timeline for when the repeal will take effect is unclear. According to the Arizona Constitution, acts do not go into effect until 90 days after the legislative session ends, and Arizona does not have a set legislative calendar. When the ban is officially repealed, Arizona’s abortion law will revert back to a ban after 15 weeks with no exceptions for rape or incest. Governor Hobbs emphasized that there is still work to be done to protect women’s reproductive rights in Arizona.
The Arizona Supreme Court’s decision to enforce the 1864 abortion ban drew criticism from both Democratic and Republican politicians. Arizona’s Democratic Attorney General Kris Mayes stated that she would not prosecute providers or women under the “draconian law,” which gave Arizona one of the most restrictive abortion bans in the country. Former President Donald Trump called for the state legislature to overturn the ruling, while President Joe Biden condemned the ban as cruel and a result of extreme agendas within the Republican party.
One key issue to watch in Arizona is whether the state will vote to secure the fundamental right to abortion. Prior to the Supreme Court’s ruling, a proposed ballot initiative aimed at protecting access to abortion in Arizona had received enough signatures to appear on the ballot in November. The initiative, supported by Arizona for Abortion Access, would codify a fundamental right to abortion care until fetal viability and include exceptions to protect the life or physical and mental health of pregnant individuals. Governor Hobbs’ actions to repeal the 1864 abortion ban signal progress in the fight for women’s reproductive rights in Arizona.
