The Arizona senate on Wednesday passed a bill that would effectively repeal the near-total 1864 abortion ban, expected to be signed into law by Democratic governor Katie Hobbs.
The final 16–14 vote largely fell along party lines, though two Republican state senators joined their Democratic counterparts in supporting the repeal measure. Last week, three Republican state representatives sided with Democrats in getting the bill through the Arizona house. Republicans control both chambers of the legislature.
The repeal, once formally approved by both the state house and senate, will head to the governor’s desk for her anticipated signature. The legislation will reinstate a 2022 law banning abortions up to 15 weeks of pregnancy in place of the 1864 ban. Ever since the Arizona supreme court upheld the 19th-century abortion law last month, Hobbs opposed the ban and vowed to prevent it from taking effect.
“I’m glad to see the Senate answered my call and voted to repeal the 1864 total abortion ban. While this is essential to protecting women’s health, it is just the beginning,” she posted on X. “I will never stop fighting for women’s reproductive freedoms.”
Earlier Wednesday, the Arizona governor told reporters she would sign the repeal “as soon as it gets to my desk.”
The Civil War–era law essentially bans almost all abortions in Arizona, excluding those performed to save the life of the mother, and imposes a prison sentence between two to five years for physicians who perform an abortion or help a woman obtain one. The ruling from the state’s highest court came nearly two years after the U.S. Supreme Court overturned Roe v. Wade.
Arizona attorney general Kris Mayes also praised the state senate’s vote, describing it as a “win for freedom in our state” against the “draconian” law.
“I look forward to Governor Hobbs signing the repeal into law as soon as possible,” she said in a statement. While pleased with the repeal’s passage, Mayes expressed concern that without an emergency clause allowing the repeal to take immediate effect, the near-total abortion ban could be briefly implemented.
“Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect,” she concluded.
The repeal, once enacted, will take effect 90 days after the last day of the year’s legislative session. The last day of the current session remains unknown, but according to the Associated Press, it will likely come in either June or July. This means the repeal won’t take effect until September at the earliest.
Meanwhile, the preexisting abortion ban could go into effect as early as June 27. Mayes previously said the earliest date it could be enforced was June 8.
If the ban goes into effect this summer for a short amount of time, Mayes has indicated she will not enforce it nor prosecute doctors who perform abortions. Backed by an executive order from the governor, the state attorney general’s office holds the sole authority to prosecute abortion-related crimes.