Arizona Democrats Get Enough Votes to Repeal 19th Century Abortion Ban

(PHOENIX) – Democrats secured enough votes in the Arizona Senate on Wednesday to repeal the Civil War abortion ban, which the state’s highest court recently allowed to take effect.

The vote was not completed, but the Senate had the 16 votes necessary to advance the project.

Fourteen Democrats in the Senate joined two Republican votes in favor of repealing the bill, which barely released in the Arizona House last week and is expected to be signed by Democratic Gov. Katie Hobbs.

The near-total ban, which predates Arizona’s statehood, allows abortion only to save the patient’s life — and offers no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested that doctors could be prosecuted under the 1864 law, which says anyone who assists in an abortion can be sentenced to two to five years in prison.

If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s current abortion law. Still, there would likely be a period in which almost all abortions would be banned, because the repeal won’t take effect until 90 days after the end of the legislative session, probably in June or July.

Several senators spoke about their motivations for voting as the numbers were tallied on the repeal bill.

“This is a clear statement that the Legislature does not want the territorial ban to apply,” said Democratic state Sen. Priya Sundareshan, who voted yes to repeal.

Arizona Attorney General Kris Mayes called the vote “a victory for freedom in our state” but expressed concern that without an emergency clause, Arizonans would still be subject to the near-total ban. of abortion for some time.

“Rest assured, my office is exploring all available options to prevent this outrageous 160-year-old law from going into effect,” she said.

There were numerous interruptions from people in the Senate gallery as Republican State Senator Shawnna Bolick explained her vote for repeal, joining Democrats.

GOP state Sen. Jake Hoffman denounced fellow Republicans for teaming up with Democratic colleagues, calling it an affront to his party’s principles.

“It’s disgusting that this is the state of the Republican Party today,” Hoffman said.

Advocates on both sides of the abortion issue arrived at the Arizona Senate on Wednesday to emphasize their points. They included people affiliated with Planned Parenthood and religious groups that oppose abortion.

A school-age girl knelt in prayer before a table holding a large statue of the Virgin Mary, while a man with a megaphone shouted at passersby to repent.

“I hope it gets repealed, but I pray it doesn’t,” said Karen Frigon, who distributed fliers for Arizona Right to Life.

Arizona is one of the few swing states that will decide the next president. Former President Donald Trump, who warned the issue could lead to Republican losses, stopped short of endorsing a national abortion ban but said he was proud to have appointed the Supreme Court justices who allowed states to ban them.

The law has been blocked since the Roe v. Wade of the US Supreme Court in 1973 guaranteed the constitutional right to abortion throughout the country.

However, when Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be applied again. Still, the law was not actually enforced while the case was working its way through the courts. Mayes, who succeeded Brnovich, urged the state’s high court not to revive the law.

Planned Parenthood officials have vowed to continue providing abortions during the short period they are still legal and said they will bolster networks that help patients travel out of state to places like New Mexico and California to access abortions.

Advocates are collecting signatures for a ballot measure that would allow abortion until the fetus can survive outside the womb, typically around 24 weeks, with exceptions — to save the parents’ lives or to protect their physical or mental health.

Republican lawmakers, meanwhile, are considering placing one or more competing abortion proposals on the November ballot.

A leaked planning document outlined approaches being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week bill” because it would allow abortion up until the beginning of the 15th week. , and a measure that would ban abortions after six weeks of pregnancy, before many people know they are pregnant.

House Republicans have not yet publicly released any proposed ballot measures.