Arizona Senate Votes to Repeal Civil War-Era Abortion Ban
ICARO Media Group
In a significant development, Democrats in the Arizona Senate secured enough votes on Wednesday to repeal a long-standing ban on abortions, originally enacted during the Civil War-era. The state's highest court had recently allowed the ban to take effect, but the repeal effort has gained momentum. While voting is still ongoing, the Senate has obtained the required 16 votes to advance the bill.
The repeal of the near-total ban received support not only from Democrats but also from two Republican senators, joining forces to overturn the restrictive legislation. The bill, which passed narrowly in the Arizona House last week, is expected to be signed into law by Democratic Governor Katie Hobbs.
The outdated ban, which dates back to the territorial era of Arizona, only permits abortions to save the life of the patient, without any exceptions for survivors of rape or incest. The Arizona Supreme Court had indicated in a recent ruling that doctors could face prosecution under this 1864 law, which imposes prison sentences of two to five years for anyone found assisting in an abortion.
Upon signing the repeal bill, Arizona's prevailing abortion law will shift to a 2022 statute that bans the procedure after 15 weeks of pregnancy. However, there will be a period during which nearly all abortions could be outlawed because the repeal will not take effect until 90 days after the conclusion of the legislative session, expected to be in June or July.
During the vote, several senators expressed their motivations for supporting the repeal, with Democratic State Senator Priya Sundareshan stating that it sent a clear message that the legislature does not intend to enforce the territorial ban. On the other hand, Arizona's Republican State Senator Jake Hoffman criticized his colleagues for aligning with Democrats, condemning it as a departure from his party's principles.
The Senate gallery was also witness to disruptions from both sides of the abortion issue, with advocates from Planned Parenthood and faith-based groups opposed to abortion voicing their contrasting views. As the decision loomed, Karen Frigon from Arizona Right to Life expressed her hopes that the ban would not be repealed.
These developments in Arizona take on added significance as the state is one of the battleground states that could influence the outcome of future elections. Former President Donald Trump, who has been cautious of endorsing a national abortion ban, applauded the conservative Supreme Court justices he appointed for allowing states to make their own decisions on the matter.
The 1864 ban had remained blocked since the landmark Roe v. Wade decision in 1973, which guaranteed the constitutional right to an abortion nationwide. However, when Roe v. Wade was overturned in June 2022, the then-Republican Arizona Attorney General Mark Brnovich persuaded a state judge that the ban could be enforced once again. Nevertheless, the law was held in abeyance until the conclusion of the legal proceedings.
In response to the impending repeal, Planned Parenthood officials pledged to continue providing abortions until their legality expires, focusing on reinforcing networks that assist patients in seeking abortion services in neighboring states like New Mexico and California. Meanwhile, advocates on both sides of the issue are preparing for further battles, with signature collections underway for a ballot measure that would allow abortions until a fetus reaches viability, typically around 24 weeks, with certain exceptions.
Republican lawmakers, in turn, are contemplating putting forth one or more competing abortion proposals on the ballot in the upcoming November elections. The repeal of Arizona's Civil War-era ban marks another chapter in the ongoing debate surrounding abortion rights in the United States.