Arizona lawmakers on Wednesday were poised to repeal a Civil War-era law that banned nearly all abortions, after Republican senators joined all Democrats.
The Republican-controlled Senate had enough votes to pass legislation repealing the 1864 law by the slimmest of margins, 16-14. All 14 Democrats were joined by two Republicans; Sens. Shawnna Bolick and TJ Shope. However, voting remained open as of 4pm EST as senators continued to explain their votes.
The bill next goes to Gov. Katie Hobbs (D), who has promised to sign it.
“This is a clear statement that the Legislature does not want the territorial ban to apply,” said state Sen. Priya Sundareshan (D), who voted yes to repeal.
Prohibition of 1864 divided Republicans in the state and nationally. Some Republicans, including former President Trump and Senate candidate Kari Lake, want to see the law repealed, saying it goes too far and is unfit for the modern era.
Lake has varied in how she talks about the 1864 measure. In 2022, while running for governor of Arizona, she called it a “great law.”
Still, Republicans recognize that the backlash against the 1864 law could overturn conservative majorities in the state and hurt Trump’s campaign in the crucial swing state.
Arizona became the latest battleground state over abortion access when the state Supreme Court upheld the state’s ban on nearly all abortions except in cases to save the mother’s life. The law also imposes prison sentences for doctors who perform abortions.
Wednesday’s vote comes a week after the GOP-controlled House narrowly approved its version of repeal, with three Republicans joining Democrats.
Even if Hobbs signs the repeal this week, it cannot take effect until 90 days after the end of the legislative session and there is currently no postponement date.
Attorney General Kris Mayes (D) this week asked the state Supreme Court to stay its ruling, which will now take effect June 27 at the earliest.
Once the repeal is made official, the state will return to the 15-week ban that was invalidated by the court. Like the 1864 prohibition, the 15-week law does not make any exceptions for rape or incest.
Abortion rights advocates have been collecting signatures to hold a ballot referendum that would protect access up to the point of fetal viability, or approximately 24 weeks of pregnancy.
Republicans now want to try to introduce their own, to limit abortion to 15 weeks or potentially six weeks. If both chambers of the Legislature manage to approve the same text, it will automatically be voted on in November.
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