A proposed repeal of Arizona’s near-total ban on abortions has received preliminary approval from the state House, overcoming its first legislative obstacle two weeks after a court ruled that the state could enforce an 1864 law prohibiting the procedure except to save the life of the pregnant person. Three Republicans joined all 29 Democrats on Wednesday to support the repeal of the law, which predates Arizona’s statehood and does not include exceptions for rape or incest.
The vote came after mounting pressure on Republicans in the battleground state during a presidential election year. Republicans had repeatedly employed procedural tactics to block earlier repeal attempts, drawing condemnation each time from Democratic President Joe Biden, who has made his support for abortion rights a central plank of his reelection campaign. The breakthrough came Wednesday when a second Republican joined all Democrats in voting to override the GOP House speaker, who had steadfastly blocked repeal efforts. A third Republican subsequently joined in support of repeal.
Republicans have faced criticism from Biden and Democrats for their procedural maneuvers, which have prevented earlier repeal attempts. Democrats and the Biden campaign held a news conference Wednesday to reiterate their stance that restrictive abortion policies are a consequence of former President Trump’s policies and Republican support.
“Make no mistake, Arizonans are living in 1864 now because Donald Trump dismantled Roe v. Wade,” said Democratic state Sen. Priya Sundareshan of Tucson.
The repeal effort follows Biden’s statement a day earlier that Trump had created a “health care crisis for women all over this country” by jeopardizing their access to reproductive health care.
Outside the state Capitol, dozens of people gathered before the scheduled House and Senate sessions, many carrying signs or wearing shirts expressing their opposition to abortion rights.
Arizona Republicans have faced pressure from conservative elements within their base who firmly support the abortion ban, even though it has become a liability with swing voters who will play a decisive role in key races, including the presidency, the U.S. Senate, and the GOP’s control of the state legislature.
The Arizona Supreme Court ruled that the state could enforce the long-dormant law that permits abortions only to save the life of the pregnant patient. The ruling implied that doctors could face prosecution under the law, which was initially approved in 1864 and carries a prison sentence of two to five years for anyone who assists in an abortion.
Last week, one Republican in the Arizona House joined 29 Democrats in bringing the repeal measure to a vote, but the effort failed twice on 30-30 votes. Democrats hope to secure the support of one additional Republican on Wednesday to bring the repeal bill up for a vote again. Although there appears to be sufficient support for repeal in the Arizona Senate, a final vote is not expected before May 1.
Since the U.S. Supreme Court’s 1973 Roe v. Wade decision established a constitutional right to abortion nationwide, the law had been unenforceable. After 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 enforced. The law has not been enforced while the case proceeded through the courts.
Brnovich’s Democratic successor, Attorney General Kris Mayes, urged the state’s high court not to reinstate the law. Mayes has stated that the earliest the law could be enforced is June 8, although the anti-abortion group defending the ban, Alliance Defending Freedom, maintains that county prosecutors can begin enforcing it as soon as the Supreme Court’s decision becomes final, which is expected to occur this week.
If the proposed repeal gains final approval from the Republican-controlled Legislature and is signed into law by Democratic Gov. Katie Hobbs, a 2022 statute banning abortions after 15 weeks of pregnancy would become the state’s primary abortion law.
Planned Parenthood officials stated their commitment to continuing to provide abortion services for the brief period that they remain legal. They also said they would strengthen networks that assist patients in traveling out of state for abortion care to places like New Mexico and California.
Abortion rights advocates initiated an effort last summer to place a constitutional amendment on the Arizona ballot that would establish a constitutional right to abortion. The proposed amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It would also permit later abortions to protect the life or physical or mental health of the pregnant person.
In response, Republican lawmakers are considering placing one or more competing abortion proposals on the November ballot. A leaked planning document outlined possible strategies being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” by allowing abortions until the beginning of the 15th week, and enacting a measure that would prohibit abortions after six weeks of pregnancy, before many people realize they are pregnant. House Republicans have not yet publicly released any such proposed ballot measures.
