A bill to repeal Arizona’s 160-year-old abortion ban is making its way through the state Senate after the House failed to advance a similar effort. Republican Senators T.J. Shope and Shawnna Bolick, along with Democrats, helped move the bill forward with a vote of 16 to 14. The bill, filed after the normal deadline, must still go through the full legislative process in the Senate over three days before a final vote and potential move to the House.
The state Supreme Court recently revived Arizona’s Civil War-era abortion ban after the US Supreme Court overturned Roe v. Wade in 2022. This decision has caused frustration among abortion rights activists, Democrats, and GOP candidates in competitive races who are trying to distance themselves from the court’s ruling. Calls have been made by some Republicans, including former President Donald Trump and US Senate candidate Kari Lake, for a more moderate approach from the GOP-controlled legislature and Democratic Gov. Katie Hobbs.
Efforts to discuss a bill that would repeal the 1864 abortion ban in the state House were unsuccessful, with the representatives evenly split on whether to discuss the measure on the floor. The tie-breaking decision was made by the chair, and the bill was not brought up for a vote. House Speaker Ben Toma argued against rushing the repeal of a law that has been enacted and affirmed by the legislature multiple times.
Repealing the 1864 abortion ban would lead Arizona back to a 15-week restriction signed into law by then-Governor Doug Ducey in 2022. The state court has delayed enforcement of the ban for at least 14 days to allow for legal challenges, meaning abortions are still permitted in the state. The ban currently in place only allows the procedure to save the life of the pregnant individual and threatens providers with prison sentences between two and five years.
If the 1864 abortion law is repealed in Arizona, the state would join 14 others that have passed near-total abortion bans, some without exceptions for victims of rape or incest. This move highlights the ongoing debate surrounding abortion laws in the United States and the differing opinions on reproductive rights and access to healthcare. The bill’s progress in the Senate signals a significant step towards potential changes in Arizona’s abortion legislation and the impact it could have on women’s reproductive rights in the state.
