Arizona Senate Votes to Repeal 160-Year-Old Near-Total Abortion Ban
ICARO Media Group
In a significant milestone for reproductive rights, the Arizona Senate has voted to repeal the state's long-standing near-total abortion ban. The 160-year-old ban, known as both the pre-Roe and the territorial ban, was recently revived by the state Supreme Court, sparking a heated debate over women's access to abortion.
The repeal bill, which was passed by three Republicans and all 29 Democrats in the state House last week, now awaits the signature of Democratic Governor Katie Hobbs, who is expected to sign it into law. This repeal would allow the state's 15-week limit to remain in effect, a restriction that was put into place in 2022 without exceptions for rape and incest.
Republicans, who hold narrow majorities in both the state House and Senate, have faced mounting pressure to repeal the ban from prominent figures within the party, including former Governor Doug Ducey, former President Donald Trump, and Senate candidate Kari Lake.
The fate of abortion access in Arizona remains uncertain as the state's Democratic Attorney General, Kris Mayes, has stated that the Supreme Court's decision to revive the ban has been stayed and would not be enforceable until at least June 27. If the repeal bill is passed, it would not go into effect until 90 days after the legislative session adjourns.
The territorial ban, originally introduced in 1864 and codified in 1901 before Arizona achieved statehood in 1912, remained in effect until 1973 when it was blocked by a court injunction following the landmark Roe v. Wade decision. The recent ruling by the Arizona Supreme Court, however, declared the ban to be the state law once again.
Abortion rights advocates see the repeal of the ban as a significant victory after years of activism. Democrats first introduced legislation to repeal the territorial ban in 2019 and continue to push for a more comprehensive approach to reproductive rights.
However, some Democrats argue that the 15-week limit, with its lack of exceptions for rape and incest, remains unpopular. They plan to target vulnerable House Republicans who have supported anti-abortion measures in the past, aiming to make reproductive rights a key voting issue.
On the other hand, Republicans believe that the 15-week limit will be more acceptable to voters and could help lessen the political impact of reproductive rights controversies. GOP strategists view the repeal of the territorial ban as a positive development that could benefit their party.
In addition to its potential effect on abortion legislation, the repeal could also have significant implications for Arizona's political landscape. With two toss-up US House races and competitive state legislature contests, control of the state House and Senate hangs in the balance. Democrats have not held both legislative chambers since the 1960s.
Furthermore, abortion rights advocates are currently gathering signatures for a ballot initiative to include abortion rights in the state constitution, offering a more permanent protection for reproductive rights.
However, the repeal of the territorial ban represents a heavy blow to abortion opponents, who had rallied at the state capitol and praised the ban in recent weeks. Several House members, including House Speaker Ben Toma, voiced their opposition to the repeal, expressing their disappointment in what they perceive as a departure from Republican values.
As Arizona's abortion laws continue to evolve and face challenges, the state remains at the center of the ongoing battle for reproductive rights in the United States. The repeal of the near-total ban marks a significant step forward for advocates, while the future of abortion access and legislation in Arizona remains in flux.