Arizona Senate Open to Future Repeal of 1864 Abortion Ban after State House Blocks Current Repeal Attempt

While the Arizona house rejected the latest effort to repeal the 1864 abortion ban, the state senate voted to let a future repeal move forward in the coming weeks.

Earlier Wednesday, Arizona state representatives voted through a 30–30 tie to not discuss a potential repeal of the Civil War–era law, which the Arizona supreme court upheld last week. However, on Wednesday afternoon, Arizona state senators paved the way for a final vote, which could come in two weeks. The 19th-century law bans almost all abortions in the state, excluding those performed to save the life of the mother.

Wednesday’s votes follow two separate instances in the GOP-controlled state house and senate, where Democrats and some Republicans who oppose the abortion ban tried bringing up a repeal bill for the consideration of their respective chambers last week.

“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,” Republican house speaker Ben Toma said.

Despite getting blocked repeatedly, Democrats continue their efforts to repeal the 1864 law.

“This issue is very simple: Do we support or do we oppose an 1864 territorial abortion ban that includes no exceptions for rape, no exception for incest?” asked Democratic state representative Oscar De Los Santos.

Since Arizona’s highest court upheld the 1864 law last Tuesday, abortion has been on the minds of Republicans in the battleground state and across the U.S.

While GOP lawmakers have largely resisted calls for repeal, Republican leaders such as presumptive nominee Donald Trump and U.S. Senate candidate Kari Lake believe that a more moderate approach is necessary. Both have publicly criticized the Arizona supreme court’s decision to reinstate the abortion ban.

If it were repealed, a 2022 law banning abortions up to 15 weeks of pregnancy, except to save the mother’s life, would be enforced. It was enacted months before the U.S. Supreme Court overturned Roe v. Wade two years ago; the 15-week ban relies on a federal constitutional right to abortion in order to supersede the preexisting law.

Arizona governor Katie Hobbs, a Democrat, came out against Republican lawmakers in the state house following the GOP’s decision to block the repeal attempt.

“Republican extremists in the House have yet again failed to do the right thing,” Hobbs said in a statement. “In just one week living under this new reality, women, doctors, and health-care providers have already begun to feel the devastating effects of living under a total abortion ban. We cannot go on like this.”

“I will continue to call on the legislature to do its job and repeal this law,” she added. “In the meantime, I remain committed to protecting the freedoms of every single Arizonan, and I am working to make sure women are able to access the care they need.”