On Wednesday, lawmakers in Arizona’s House of Representatives voted to eliminate the state’s 160-year-old ban on abortion, paving the way for the operation to be legal within the state’s 15-week window.
The measure finally made it to the floor for a vote following two failed attempts by state House lawmakers last week. Republicans running for office in Arizona have been trying to put themselves in the shoes of pregnant women affected by the state’s Supreme Court’s decision earlier this month to uphold a law passed in 1864 that outlaws abortions unless it’s “necessary” to preserve the life of the mother. Providers of abortions are likewise subject to the law’s maximum prison term of two to five years.
If lawmakers get the repeal bill to Democratic Governor Katie Hobbs’ desk, she is anticipated to approve it. The bill must also clear the state Senate.
More than a dozen states prohibit abortion at almost every stage of pregnancy with limited exceptions, including Arizona. If a repeal fails, the 1864 legislation may take effect as early as June 8. If passed, Arizona’s statute limiting abortions to 15 weeks will remain in effect.
Republican Gov. Doug Ducey signed the state’s 15-week limit into law in March 2022, months before the US Supreme Court repealed Roe v. Wade. The limit does not include any exceptions for rape or incest. That statute made it clear it did not supersede the one from 1864.
Prior to Arizona’s statehood, while it was still a territory, there was a prohibition against abortion that had its roots in the Civil War and was codified in 1901. After Roe v. Wade established a constitutional right to abortion at the federal level, it stayed in place until 1973, when a court injunction barred it.
In an effort to secure abortion access until fetal viability, which is typically estimated to occur between 22 and 24 weeks of pregnancy, pro-choice activists are presently attempting to get a constitutional amendment measure onto the state’s November election. The amendment’s supporting group, Arizona for Abortion Access, has collected over half a million signatures. As of July 3, advocates need to have 384,000 valid signatures submitted in order to be on the ballot for the main election.
Three House resolutions, thought to be Republican-backed ballot initiatives meant to compete with the abortion rights amendment, were approved along party lines by the chamber’s rules committee before to the Arizona House vote.
