The Arizona Senate has voted to repeal an 1864 law that banned abortion. It’s the latest major Democrat-led effort to wipe the law from state regulations.
Two Republicans joined the Democrats of the Senate to support the repeal bill, which narrowly passed the House last week. Governor Katie Hobbs, a Democrat, welcomed the result and is preparing to formalize the repeal of the law.
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Arizona repeals 1864 law prohibiting termination of pregnancy
The law, prior to the birth of the State, prevents abortion from the moment of conception, with no exceptions for rape or incest. Last month it was reinstated after the Arizona Supreme Court ruled that the ban could be enforced following the US Supreme Court’s overturning of Roe v Wade in June 2022a historic ruling that nullified the right to abortion nationwide.
The decision had sparked outrage across the country, where voters largely support abortion access, and galvanized efforts to put an abortion question on the November ballot, which would expand rights in the state.
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For Republicans heading into the fall elections, the ban presented a major political dilemmawith lawmakers caught between the party’s conservative base and more moderate voters who called the pre-civil war law draconian.
Some prominent Republicans, including LFormer President Donald Trump and former Arizona Governor Doug Ducey distanced themselves from the lawsuggesting he was out of step with the state’s voters.
The repeal bill passed 16-14 on Wednesday after two Republicans, Shawnna Bolick and TJ Shope, abandoned their party line and voted yes on the repeal bill.
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Anti-abortion activists condemned the two politicians, criticizing what they described as political cynicism. “This model of irresponsibility and cowardice will be emulated across the nation by other opportunistic Republicans who willingly wear the pro-life mantle for donor dollars, but stab the movement in the back when it is time to act,” said Chanel Prunier, vice president of political affairs for the anti-abortion group Students for Life Action.
If the repeal is signed by Governor Hobbs, abortions in Arizona will be governed by the 2022 law, which bans abortions after 15 weeks of pregnancy, with exceptions only in cases of medical emergencies. There are no exceptions for rape or incest.
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However, Things could change in November, when Arizonans are expected to vote on a ballot question that would guarantee access to abortion up to the 24th week of pregnancy.
Similar campaign initiatives in Republican-controlled states after the overturning of Roe have all led to victories for the pro-abortion movement.
Meanwhile, in Florida the ban on abortion after six weeks of gestation came into force yesterday with very few exceptions. The new law replaces the previous 15-week ban and will force many citizens of the state to go elsewhere to undergo the pregnancy termination procedure. Most states in the region have also passed similarly restrictive laws following the 2022 Supreme Court ruling that struck down the right to abortion nationwide. Florida, the third largest state in the Union by population, is home to around 50 clinics which last year performed around 84,000 abortions, 8,000 of which were on women coming from other states. Until July 2022, termination of pregnancy up to the 24th week was possible in Florida. The new law allows exceptions up to the 15th week in cases of rape and incest or in case of danger to the woman’s life and, before the third trimester, for serious malformations of the fetus.