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.
Democrats aimed to overturn the prohibition following its revival by the state Supreme Court earlier this month, and two efforts by lawmakers in the Republican-controlled state House to do so last week failed. The measure was finally put to a vote this morning.
On Wednesday, the measure was advanced with the support of all 29 Democrats and three Republicans. It is anticipated that the repeal proposal will be passed by the state Senate in early May. Democrats in the legislature are hoping to get the bill signed by Democratic Governor Katie Hobbs as soon as possible.
Athena Salman, the former executive director of NARAL Pro-Choice America and current head of Arizona’s campaigns for Reproductive Freedom for All, stated, “This has been a long time coming.”
The Arizona Supreme Court upheld the state’s 1864 abortion ban, save in “necessary” circumstances to preserve the life of the pregnant mother, in a decision handed down on April 9. Providers of abortions are likewise subject to the law’s maximum prison term of two to five years.
Beneficial to those fighting for reproductive rights and to several Republican candidates—including Trump—who have sought to separate themselves from the court decision is Wednesday’s vote.
Nonetheless, a number of Republicans in Arizona’s House voiced their strong opposition to the repeal legislation.
State Representative Rachel Jones expressed her disgust today. Our Republican platform includes a life-affirming tenet. It pains me greatly to watch when people abandon that principle.
Rep. Ben Toma of Arizona, who has stated his opposition to abortion in general and to terminations in particular, claimed that Congress had acted hastily in lifting the ban.
The ban, which had its origins when Arizona was still a US territory, does not represent the beliefs of the majority of Arizona voters, according to Republican state representative Matt Gress, who voted with the Democrats. He stated that the process of repudiating it ought to have been straightforward.
“In my opinion, it was more challenging than it should have been,” Gress stated to AWN.
House leadership punished Gress for going against party line by removing her off the Appropriations Committee as the session came to a close. Despite calling it “unfortunate and potentially unprecedented,” Gress maintained that he was satisfied with his decision.
According to Gress, who represents a district near Phoenix, “I campaigned against the territorial ban and made it very clear to my voters that I don’t support it.”
After the repeal passed the state House on Wednesday, Hobbs expressed her relief to AWN’s Abby Phillip that night.
Since this Supreme Court ruling, the state has been in a condition of unimaginable anarchy and terror. Democrat Gov. Deval Patrick remarked on “NewsNight” that the repeal must now be voted by the Senate before it can be sent to his desk in order to permanently remove the 1864 ban.
With the failure of a repeal vote in the state Senate, the 1864 legislation could go effective as early as June 8. This would add Arizona to the list of over a dozen states that prohibit abortion essentially throughout the entire pregnancy, with very few exceptions.
If passed, Arizona’s statute limiting abortions to 15 weeks will remain in effect. Officials have cautioned that the territorial prohibition may only be temporarily enforced due to the fact that nonemergency measures passed in Arizona do not become effective until 90 days following the adjournment of the Legislature.
Democrats in California’s governorship have lauded a bill that would let doctors and nurses from Arizona to provide abortions to patients in California until the year ends. Newsom said that this might benefit Arizonans regardless of the outcome of the repeal of the 1864 ban.
In a statement issued by the governor’s office, it was stated that SB 233 would address a pressing need for healthcare services for a substantial amount of time prior to the implementation of an Arizona repeal. “Action taken quickly helps counteract the bewilderment and fear that this back-and-forth generates.”
Codification of the pre-statehood abortion restriction occurred 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.
Republican Gov. Doug Ducey signed the state’s 15-week ban into law in March 2022, months before the US Supreme Court overturned Roe v. Wade. The prohibition does not include any exceptions for rape or incest. That statute made it clear it did not supersede the one from 1864.
Going into the general election, Democrats have made it plain that they intend to continue emphasizing abortion policy. This fall, Arizona will play host to a US Senate and presidential contest, and Republicans currently enjoy a slim majority in both houses of the state’s legislature.
Whilst praising Wednesday’s decision as a “clear victory for Arizona House Democrats,” Sam Paisley, a spokesman for the Democratic Legislative Campaign Committee, which seeks to elect Democrats to statehouse seats, did note that the 15-week ban would remain in place even after a repeal.
Electing Democrats to the legislature to overturn this (15-week) prohibition too is the best way to defend reproductive liberties,” Paisley said in a statement.
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.