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An attempt to repeal Arizona’s 160-year-old statute banning nearly all abortions received enough votes in the state Senate to pass.
The Act of 1864 which was restored by the state Supreme Court three weeks ago, made abortion a central focus in the battleground state and spurred Democrats to seek to strengthen abortion rights.
In the state senate, Democrats received the support of two Republicans to lift the ban. Democratic Gov. Katie Hobbs is expected to ratify the repeal that narrowly swept the Arizona House last week after three Republicans joined all Democrats in the chamber.
The statute that predates Arizona’s statehood bans nearly all abortions, including those performed by survivors of rape or incest. It also imposes prison terms on doctors and others who assist in abortions. The law was blocked by the Supreme Court’s 1973 Roe v Wade decisions, which made abortion a constitutional right.
“We are relieved that lawmakers have finally repealed this inhumane abortion ban — something that extremist politicians have refused to do for far too long,” said Victoria Lopez, program and strategy director for the ACLU of Arizona. “Unfortunately, draconian abortion bans like the 1864 law have been the focus of political gimmicks for years, causing lasting harm to people who need abortions and their providers.”
Last month, Republican-appointed state Supreme Court justices suggested he could be reinstated because Roe was overturned in 2022.
The repeal won’t take effect until June or July, 90 days after the legislative session. Arizona Attorney General Chris Mayes, a Democrat, has vowed not to enforce the ban in the meantime. Providers, including Planned Parenthood, are preparing resources to help patients seeking abortions travel out of state during the ban.
“Today’s vote by the Arizona Senate to repeal the draconian 1864 abortion ban is a victory for freedom in our state,” Mays said.
Once the 1864 measure is repealed, a 2022 statute banning the procedures after 15 weeks of pregnancy will replace it as the state’s governing abortion law.
Abortion rights advocates have stressed that lifting the ban is not enough. “This is an important step, but our work is not done,” said Ruben Gallego, a U.S. representative from Arizona who is running for Senate. “Arizona women deserve better. That’s why we will push for a constitutional right to abortion and defeat the anti-abortion extremists.
Democrats pushed for a ballot measure in November to enshrine abortion rights in the state constitution. In the weeks following the reinstatement of the ban, Abortion Access Arizona the effort saw the number of volunteers increase from about 3,000 to more than 5,000.
after the promotion of the newsletter
“Nothing has changed about the need for the Abortion Access Act in Arizona,” the group behind the vote said after the repeal passed.
The issue has put enormous pressure on the Arizona Republican Party, both from conservatives who support the ban and voters who oppose the extreme measure. On the Senate floor Wednesday, Republican Shawna Bolick said as she voted in favor of the repeal: “I want to protect our state constitution from unrestricted abortion up to the point of birth.”
In the key swing state — one that has historically leaned Republican but supported Joe Biden in 2020 — the issue could help turn out more voters who could help turn the House blue.
Republican lawmakers are considering putting one or more competing abortion proposals on the November ballot, including a 14-week ban and a “Heartbeat Protection Act” that would make abortion illegal after six weeks. Such measures have not yet been introduced.
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