The Republican-led Arizona House of Representatives has voted to repeal a Civil War-era abortion ban that the Arizona Supreme Court ruled could be enforced in early April. This move represents a significant shift in the state’s abortion landscape, potentially paving the way for the reinstatement of a less restrictive abortion law.
The repeal motion passed with a vote of 32-28, with three Republican representatives crossing party lines to support the measure. Republican Reps. Matthew Gress, Justin Wilmeth, and Tim Dunn joined all the House Democrats in voting for the repeal.
The motion will now be sent to the state Senate, which is also Republican-led. The Senate is working on its own repeal bill and could vote on it as early as May 1.
The 1864 law that the Supreme Court ruled could be enforced called for a near-total ban on abortion, making it a felony with up to five years of prison time to perform an abortion unless the mother’s life is in danger. If the law is repealed, Arizona’s previous law that banned abortions after 15 weeks would be reinstated.
Arizona House Speaker Rep. Ben Toma, a Republican, expressed his disagreement with the repeal, stating that he does not support “unlimited, unrestricted, and unregulated abortions.”
Even if the Senate passes the repeal law and it is signed by Democratic Governor Katie Hobbs, the 1864 law could still go into effect for a period of time. This is because most bills don’t go into effect until 90 days after the legislative session. As of now, the law is scheduled to go into effect on June 8.
The Arizona Supreme Court’s decision to allow the enforcement of the 1864 ban drew criticism from both political parties. President Joe Biden called the ban “cruel” and a result of the “extreme agenda” of Republican lawmakers. Former President Donald Trump called on the state legislature to “act immediately” to overturn the ruling.
Democratic Attorney General Kris Mayes, who has the power to enforce abortion laws, denounced the ruling as “unconscionable and an affront to freedom.” She has stated that as long as she is attorney general, no woman or doctor will be prosecuted for receiving or providing an abortion.
