Arizona Senate approves repeal of near-total 1864 abortion ban

Arizona lawmakers have repealed the state’s 160-year-old statute that bans nearly all abortions.

The 1864 law, reinstated three weeks ago by the state Supreme Court, has made abortion a central concern in the battleground state and emboldened Democrats to enshrine abortion rights.

In the Senate, Democrats received support from two Republicans to repeal the ban. Democratic Governor Katie Hobbs is expected to ratify the repeal, which narrowly cleared the Arizona House last week after three Republicans joined all Democrats in the chamber.

Dozens of protesters for and against abortion rights gathered in the capital before the vote, and others gathered in the gallery’s stands to watch. As senators began voting, Republicans in the House voiced bombastic protests and criticism in speeches.

Antony Kern, a Republican charged as a fake voter in a plot to undermine the 2020 election results, said his fellow Republicans who supported the ban were the “epitome of madness.” He claimed the vote would put the state on a slippery slope towards acceptance of pedophilia, as supporters silently cheered from the stands. Kern also compared the chamber that withdrew the bill to Nazi Germany.

Another Republican senator, JD Mesnard, played an ultrasound recording of his child’s heartbeat on the floor. He said, “These will be less, these heartbeats.”

Republican Shawnna Bolick gave a 20-minute speech defending her vote to support repeal, telling stories of her own pregnancies, other pregnancies and her criticism of the state’s Democratic governor. Ultimately, she said, repealing the ban would allow Republicans to maintain a less extreme version of abortion restrictions. She said: “We must push for the maximum protection for unborn children that can be maintained. I am in favor of saving more babies’ lives.”

The Civil War-era statute, which predates Arizona’s statehood, bans almost all abortions, including those sought by survivors of rape or incest. It also imposes prison sentences on doctors and others who assist in abortions. The law was blocked by the Supreme Court’s 1973 Roe v Wade decisions, which granted the constitutional right to abortion.

“We are relieved that lawmakers have finally repealed this inhumane abortion ban – something extremist politicians have refused to do for far too long,” said Victoria López, director of program and strategy for the ACLU of Arizona. “Unfortunately, cruel abortion bans like the 1864 law have been the focus of political stunts for years, causing lasting harm to people who need abortions and their providers.”

Last month, Republican-appointed state Supreme Court justices suggested the country could be mended since Roe was overturned in 2022.

The repeal would not take effect until June or July, 90 days into the legislative session. Arizona Attorney General Kris Mayes, a Democrat, has vowed not to enforce the ban in the meantime. Providers, including Planned Parenthood, have prepared resources to help patients seeking abortions leave the state during the time the ban is in effect.

“Today’s vote by the Arizona Senate to repeal the draconian 1864 abortion ban is a victory for freedom in our state,” Mayes said.

Once the 1864 measure is struck down, a 2022 statue banning procedures after 15 weeks of pregnancy would replace it as the state’s governing abortion law.

Abortion rights advocates have emphasized that repealing the ban is not enough. “This is an important step, but our work is not done,” said Ruben Gallego, a U.S. congressman from Arizona who is running for the U.S. Senate. “Arizona women deserve better. That’s why we’re going to pass a constitutional right to abortion and defeat anti-abortion extremists.”

Democrats pushed for a ballot measure in November that would enshrine the right to abortion in the state constitution. In the weeks since the ban was reinstated, the Arizona for access to abortion Thanks to the efforts, the number of volunteers grew from approximately 3,000 to more than 5,000.

“Nothing has changed about the need for Arizona’s abortion access law,” said the group that organized the vote after the repeal passed.

The issue has put enormous pressure on Arizona’s Republican Party, from conservatives who support the ban and from swing voters who oppose the extreme measure. On Wednesday, Bolick said on the Senate floor as she voted in favor of the repeal: “I want to protect our state constitution from unlimited abortions until the moment of birth.”

In the crucial swing state — a state that has historically been Republican but supported Joe Biden in 2020 — the issue could help turn out more voters who can help turn the statehouse blue.

Republican lawmakers are considering putting one or more competing abortion proposals on the November ballot, including a fourteen-week ban and a “heartbeat protection act” that would make abortion illegal after six weeks. Such measures have not yet been introduced.