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Abortion rights supporters demonstrate at the Arizona House of Representatives in Phoenix on April 17, 2024.
CNN
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The Arizona House of Representatives voted Wednesday to overturn the state’s 160-year-old abortion ban, setting the stage for a repeal that would leave the state’s 15-week restriction on the procedure in place.
The vote comes after two failed attempts by state House lawmakers to bring the bill to the floor last week. Arizona GOP candidates in competitive races have been scrambling to distance themselves from the state Supreme Court ruling earlier this month that Arizona must adhere to the 1864 law that bars all abortions except in cases when “necessary” to save a pregnant woman’s life. The law also carries a prison sentence of two to five years for abortion providers.
Democratic Gov. Katie Hobbs is expected to sign the repeal legislation – which would also require passage in the state Senate – if lawmakers advance it to her desk.
If a repeal fails, the 1864 law could take effect as early as June 8, making Arizona one of more than a dozen states that bans abortion at virtually all stages of pregnancy with few exceptions. If it succeeds, Arizona’s 15-week restriction on abortions will continue to be state law.
In March 2022, months before the US Supreme Court overturned Roe v. Wade, Republican Gov. Doug Ducey signed into law the state’s 15-week limit, which has no exceptions for rape or incest. That legislation stated explicitly that it did not overrule the 1864 law.
The Civil War-era abortion ban dates to before statehood, when Arizona was a territory, and it was codified in 1901. It remained in effect until 1973, when it was blocked by a court injunction after Roe v. Wade created a federal constitutional right to an abortion.
Abortion rights advocates are currently working to place a constitutional amendment proposal on the state’s November ballot that would protect abortion access up to fetal viability, which doctors believe is around 22 to 24 weeks of pregnancy. Arizona for Abortion Access, the group backing the amendment, has gathered more than 500,000 signatures. Advocates must submit 384,000 valid signatures by July 3 to make the general election ballot.
Prior to the Arizona House vote, the chamber’s rules committee voted along party lines to approve the late introduction of three House resolutions, largely believed to be Republican-backed ballot measures designed to compete with the abortion rights amendment.
