Just days after the Arizona Supreme Court stirred up state politics by reinstating the abortion ban, the Republican-controlled House of Representatives refused to go forward with a repeal on Wednesday. The ban has been in effect for 160 years.
Conservatives running for office have been trying to separate themselves from the court’s ruling, but this vote has dealt a double blow to reproductive rights and to those candidates. Former president Trump and US Senate candidate Kari Lake are among the Republicans running for office in the state. They have urged the GOP-controlled legislature to seek a middle ground with Democratic governor Katie Hobbs.
Repealing Arizona’s 1864 abortion ban was voted down on Wednesday by lawmakers after two failed attempts to address the matter.
There was a deadlock in the representatives’ votes; the chair broke the tie. Voting on the bill itself was not called for.
House Speaker Ben Toma stated during discussion, “The last thing we should be doing today is rushing a bill through the legislative process to repeal a law that has been enacted and affirmed by the legislature several times.” That was his point.
Restoring Arizona’s previous abortion restrictions, which Republican Gov. Doug Ducey signed into law in 2022, would be necessary if the 1864 law were to be overturned. Abortions are still legal in the state as the prohibition was postponed for at least 14 days by the state court so that plaintiffs might contest it.
Providers face prison terms of two to five years under the law, which prohibits the procedure unless it is necessary to preserve the life of the pregnant person.
With the passage of the 1864 law, Arizona would become one of fourteen states with nearly complete restrictions on abortion, including ones that do not provide any exceptions for rape or incest victims.
Lawmakers in the state prematurely adjourned the House last week in an effort to halt a repeal bill pertaining to the abortion prohibition. Additionally, a paper from the general counsel of the House Republicans was released on Monday, outlining a plan to either defeat or weaken the effect of a possible abortion rights ballot measure.
The Democrats in Arizona, who are vying to unseat the Republicans’ one-seat majority in the state Senate and House, wasted no time drawing attention to the repeal’s failure. Republican state senator Priya Sundareshan characterized the vote as “a perfect example of why we need to flip” the control of the two chambers. Sundareshan is also co-chair of the Arizona Democratic Legislative Campaign Committee, an organization that aims to elect Democrats to the state legislature.
“Only then will we be able to codify abortion access and stop Republicans from interfering in our medical decisions ever again,” she stated.
Arizona registered voters hold the view that abortion should be permitted in all or most circumstances with certain limits, according to a March Wall Street Journal poll. This poll was taken before the state Supreme Court verdict. A further 27% expressed the opinion that abortion should be criminalized, with certain exceptions such as in cases of rape, incest, or when the life of the pregnant woman is in danger. Only 9% felt the treatment should be unlawful under all circumstances.
Until fetal viability, which is estimated to occur between 22 and 24 weeks of pregnancy, campaigners for abortion rights claim to have collected 500,000 signatures to place an initiative on the November ballot that would establish abortion access in the state constitution. The deadline for the valid signatures submitted by the initiative’s supporting group, Arizona for Abortion Access, is July 3.
Democrats are banking on the fact that voters will be furious with Republicans’ proposed restrictive abortion legislation to propel them to victory in November’s midterms and beyond, including in Arizona and other states. Democrats are aiming to capture not only the presidency but also control of the state legislature, an open seat in the US Senate, and two competitive seats in the US House of Representatives.
On Wednesday morning, those in favor and those opposed to abortion rights converged outside the statehouse.
Opponents of abolishing the 1864 statute, like Arizona Right to Life board member Jill Norgaard, have characterized the matter as “a moral issue” rather than a simply political one.
On Wednesday, the Arizonans for Abortion Access were planning a demonstration outside the state capitol.
