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The Arizona House of Representatives voted to repeal the state’s controversial 1864 ban on nearly all abortions, with the help of three Republican lawmakers joining Democrats in the vote. The ban, revived by a recent court ruling, only includes exceptions to save the life of the pregnant woman. The final vote was 32-28, and the bill now moves to the state Senate for consideration. Some Republicans who voted for repeal stated that the 1864 law was not perfect as it lacked exceptions for rape and incest. Anti-abortion organizers are already planning to support primary opponents for the three Republicans who voted for repeal.

The Senate also conducted a second read of its own abortion ban repeal bill, setting up a parallel vote, which may now be moot due to the approval of the House bill. Two Republican senators have already stated their support for the repeal effort, indicating that the House bill is likely to pass in the Senate and then go to Governor Katie Hobbs for signing into law. Upon taking effect 90 days after the end of the legislative session, the repeal would undo a law dating back to the Civil War era which is seen as a stain on the history of women’s rights.

Many state Republican lawmakers have strongly objected to the push to undo the 1864 ban, which has divided the state’s politics. Leading conservatives such as Trump, former Governor Doug Ducey, and Senate candidate Kari Lake have expressed general support for abortion restrictions while criticizing the extreme nature of the 1864 ban. House Speaker Ben Toma challenged the vote in the House, expressing concerns that rushing the repeal without allowing the courts to determine its constitutionality was irresponsible.

During the House session, some Republican lawmakers accused their peers of making decisions based on political pressures rather than moral principles. The issue of abortion in Arizona is likely to be presented directly to voters in the November election, with the Arizona for Abortion Access campaign working to place a constitutional amendment on the ballot to enshrine abortion access. The campaign has gathered more than 500,000 signatures and believes that the issue of abortion access could boost voter turnout for Democratic candidates in the upcoming election.

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