In a narrow 16-14 vote on Wednesday, the Arizona Senate repealed the state's 1864 ban on abortion, which had been reinstated by the Arizona Supreme Court on April 9. The repeal is expected to be quickly signed by Governor Katie Hobbs, a Democrat, marking a significant victory for abortion rights advocates in the sharply divided state.
The historic vote saw two Republican senators, T.J. Shope and Shawnna Bolick, break ranks with their party and join all 14 Democratic senators in supporting the repeal. This comes after the Arizona House passed the measure last week, with a handful of Republicans voting alongside Democrats to send the bill to the Senate.
Governor Hobbs, who has been a vocal advocate for repealing the ban since taking office, expressed her eagerness to sign the legislation. In a statement, she said, "The devastating consequences of this archaic ban are why I've called for it to be repealed since day one of my administration. Thank you to Democratic members of the House and Senate for working tirelessly with me to repeal this draconian law."
The 1864 ban, which outlaws abortion from the moment of conception and does not make exceptions for rape or incest, is one of the strictest in the country. Under the law, those who perform or receive an abortion could face felony charges, with punishments including fines and a two-to-five-year prison sentence. The ban had been dormant for decades following the landmark 1973 Roe v. Wade decision, but it was revived after the U.S. Supreme Court overturned Roe v. Wade in June 2022.
During the Senate debate, Democratic Senator Eva Burch emphasized the need to repeal the ban, stating, "We're here to repeal a bad law. I don't want us honoring laws about women, written during a time when women were forbidden from voting." In contrast, Republican Senator Wendy Rogers defended the 1864 ban, arguing that repealing it would go against Arizona's conservative values. "Life starts at conception. They got it right in 1864. We need to continue to get it right in 2024," Rogers said.
The fight over Arizona's Civil War-era abortion ban has become a flashpoint in the ongoing battle over women's reproductive rights in the United States. Following the Supreme Court's decision to end the constitutional right to abortion, conservative-led states have moved swiftly to enact strict bans on the procedure within their borders.
Democrats, confident that public opinion supports abortion rights, have sought to elevate the issue ahead of November's presidential election, with Arizona being a key battleground state. Heather Williams, president of the Democratic Legislative Campaign Committee, said her party would capitalize on the "extreme nature of MAGA Arizona Republicans" who voted to maintain the 1864 law as they try to flip the state's House and Senate in November.
While the repeal of the 1864 ban is a significant step, restrictions on abortion remain in place in Arizona. In 2022, the state legislature passed a law that bans abortion after 15 weeks of pregnancy. Once Governor Hobbs signs the repeal, this 15-week ban will govern abortion access in the state.
It is important to note that the repeal will not take effect immediately. The law will not be enforced until 90 days after the Legislature adjourns in June or July, meaning that the 160-year-old ban could still temporarily prevent access to abortion in Arizona.
