Arizona lawmakers are poised to repeal the state’s 160-year-old statue banning nearly all abortions.
The 1864 law, which was reinstated by the state’s supreme court three weeks ago, made abortion a central focus in the battleground state and galvanized Democrats seeking to enshrine abortion rights.
In the state’s senate, Democrats have picked up the support of two Republicans who have signaled support for repealing the ban. The Democratic governor, Katie Hobbs, is expected to ratify the repeal, which narrowly cleared the Arizona house last week after three Republicans joined with all the Democrats in the chamber.
The Civil war-era statue, which predates Arizona’s statehood, bans nearly all abortions, including those sought by survivors of rape or incest. It also imposes prison terms for doctors and others who aid in abortions. The law had been blocked by the 1973 supreme court Roe v Wade decisions that granted the constitutional right to abortions.
Last month, the state’s Republican-appointed supreme court justices suggested it could be reinstated since Roe was overturned in 2022.
The ruling placed enormous pressure on the state’s Republicans, both from conservatives who support the ban and from swing voters who oppose the extreme measure.
If the ban is repealed today, a 2022 statue banning procedures after 15 weeks of pregnancy would supplant it as the state’s ruling abortion law. The repeal, however, would not take effect until June or July, 90 days after the legislative session.
Arizona’s attorney general, Kris Mayes, a Democrat, has vowed not to enforce the ban in the meantime. Providers, including Planned Parenthood, have been preparing resources to help patients seeking abortions to travel out of state during the time that the ban is in effect.
Though the repeal is poised to narrowly pass, supporters of the ban have been mobilizing. Students for Life Action, an anti-abortion group, has planned a demonstration at the capitol.
Meanwhile, abortion rights advocates have been pushing for a ballot measure in November that would enshrine the right to abortions in the state’s constitution. In the weeks since the ban was reinstated , the Arizona for Abortion Access effort saw its volunteers grow from about 3,000 to more than 5,000.
In the key swing state – one that historically leaned Republican but backed Joe Biden in 2020 – the issue could help turn out more voters who could help flip the statehouse blue.
Republican lawmakers, in turn, 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. None such measures have been introduced yet.
