Arizona House Fails to Advance Repeal of 160-Year-Old Abortion Ban, Disappointing Reproductive Rights Advocates

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ICARO Media Group
Politics
17/04/2024 22h28

In a blow to reproductive rights and GOP candidates in competitive races, the Republican-controlled Arizona House of Representatives failed to advance a repeal of the state's long-standing abortion ban on Wednesday. The vote comes just days after the state Supreme Court revived the 160-year-old law, causing upheaval in state politics.

Notably, former President Donald Trump and US Senate candidate Kari Lake, both Republicans facing competitive races in Arizona, called on the GOP-controlled legislature to work with Democratic Governor Katie Hobbs in order to pursue a more moderate approach on the issue.

Lawmakers on Wednesday made two attempts to discuss a bill that aimed to repeal Arizona's 1864 ban on abortions, but ultimately voted against discussing the measure on the House floor. The representatives' votes were evenly split, leading the chair to make the tie-breaking decision. The bill itself was not brought up for a vote.

During the debate, House Speaker Ben Toma expressed his opposition to rushing the repeal process, stating, "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."

If the 1864 law were to be repealed, Arizona would revert back to a 15-week abortion restriction signed into law in 2022 by then-Governor Doug Ducey, a Republican. However, the state court has delayed the enforcement of the ban for at least 14 days to allow plaintiffs to challenge it, meaning that abortions are still permitted in Arizona.

The existing ban prohibits the procedure except in cases where the life of the pregnant person is at risk, and it imposes prison sentences ranging from two to five years for providers who violate it. If the 1864 law goes into effect, Arizona would join 14 states that have implemented near total abortion bans, with some even lacking exceptions for victims of rape or incest.

Last week, state lawmakers ended a House session early to prevent an attempt to repeal the abortion ban. Additionally, a leaked memo revealed that House Republicans' general counsel had laid out a strategy to defeat or dilute the impact of a potential abortion rights ballot initiative.

Arizona Democrats, who aim to gain control of both the state House and Senate currently held by Republicans with one-seat majorities, swiftly highlighted the unsuccessful repeal vote. State Senator Priya Sundareshan, co-chair of the Arizona Democratic Legislative Campaign Committee, emphasized the importance of flipping control to "codify abortion access and stop Republicans from interfering in our medical decisions ever again."

A recent March poll by the Wall Street Journal indicated that 59% of registered voters in Arizona believe abortion should be legal in all or most cases, albeit with some restrictions. Another 27% indicated support for abortion being illegal except in cases of rape, incest, or when the life of the pregnant person is at risk. Nine percent believe the procedure should be illegal in all cases.

Meanwhile, abortion rights advocates have claimed to have gathered 500,000 signatures to place an initiative on the November ballot, seeking to safeguard abortion access in the state constitution until fetal viability (around 22 to 24 weeks of pregnancy). The group behind the initiative, Arizona for Abortion Access, aims to submit 384,000 valid signatures by July 3.

Democrats in Arizona and nationwide are hopeful that growing frustration over restrictive abortion laws advanced by Republicans will translate into electoral victories in November. Alongside the presidential race and control of the state legislature, Democrats are targeting an open US Senate seat and two competitive US House seats.

Both abortion rights supporters and opponents gathered outside the statehouse on Wednesday morning, underscoring the deeply divisive nature of the issue. Advocates from Arizona Right to Life, including board member Jill Norgaard, stressed the moral dimension, declaring, "It's not a political issue; it's a moral issue." Meanwhile, Arizona for Abortion Access planned a statehouse rally for Wednesday afternoon to showcase their support for reproductive rights.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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