The Republican-controlled Arizona House of Representatives has voted 32-28 to approve a bill to repeal an 1864 abortion ban that could imprison doctors and endanger the lives of women. The bill now moves on to the state Senate, which also has a narrow GOP majority but recently voted in favor of a similar resolution. If the repeal passes the Senate and is signed into law by Democratic Governor Katie Hobbs, it would overturn the old law, which was passed long before women could vote or Arizona was even a state.
Democrats have pushed for the repeal for three straight weeks, arguing that the old law is archaic and out of step with public opinion. Republicans are deeply divided on the issue, with many abortion opponents supporting the old law even though the only exception it includes is to save the life of the mother. Some more pragmatic GOP lawmakers have come out against the law and instead back a previously passed ban that outlaws abortion after 15 weeks of pregnancy.
Even without the 1864 law on the books, abortion rights will be on the ballot in Arizona in the fall election. Abortion rights advocates say they have enough signatures to get a referendum on the fall ballot that would mandate a return to the protections provided by Roe v. Wade. Democrats are eager to make abortion an issue nationwide, especially in crucial swing states like Arizona, which will play a key role in deciding the race between Trump and President Biden.
A similar scenario is playing out in Michigan, where a six-week ban goes into effect next week. A statewide abortion-rights referendum will be on the ballot there in November, but it requires 60% support to pass.