Arizona Governor Katie Hobbs recently signed a repeal of a Civil War-era ban on nearly all abortions in the state, marking a historic moment for women and advocates of reproductive rights. The 1864 law had been dormant for decades but was reinstated by the state Supreme Court in 2022, leaving Arizona’s abortion laws in legal limbo. The repeal effort, spearheaded by current and former lawmakers, culminated in a emotional signing ceremony where supporters celebrated the end of an archaic and inhumane law.
The repeal of the ban on nearly all abortions was approved in a 16-14 Senate vote, with two GOP lawmakers joining Democrats in the effort. During the lengthy session, motivations for votes were described in personal, emotional, and even biblical terms, with graphic descriptions of abortion procedures and warnings against legislating religious beliefs. Anti-abortion advocates in the Senate gallery jeered a Republican senator who voted in favor of repeal, highlighting the divisive nature of the issue within the state legislature.
The process of repealing the Civil War-era ban involved both the Arizona House and Senate, with support from members of both parties breaking ranks. Governor Hobbs emphasized that this is just the beginning of a larger fight to protect reproductive health care in Arizona. The repeal is set to take effect 90 days after the legislative session ends, typically in June or July once the budget is approved. This means that a 2022 statute banning abortions after 15 weeks of pregnancy will become Arizona’s prevailing abortion law.
Abortion rights advocates, led by Planned Parenthood Arizona, have filed a motion with the state Supreme Court to prevent the 1846 law from taking hold before the repeal does. If the motion is rejected, there could be a pause in abortion services for girls and women in the state. Meanwhile, the Arizona Supreme Court has suggested that doctors could be prosecuted for violating the ban, with a potential maximum prison sentence of five years if convicted. Attorney General Kris Mayes is working to delay the enforcement of the ban until late July.
In response to the reinstatement of the 19th century ban, abortion-rights advocates in Arizona are collecting signatures to enshrine reproductive rights in the state constitution. A proposed ballot measure would allow abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions to save the parent’s life or protect their physical or mental health. On a national level, the fall of Roe v. Wade has become a politically charged issue, with President Joe Biden’s campaign team viewing it as an advantage in battleground states like Arizona.
For the Democratic women who led the effort to repeal the Civil War-era ban, the signing ceremony was a celebratory moment but also a reminder of the ongoing work needed to protect reproductive rights. The repeal represents a step forward in ensuring that women have access to safe and legal abortion services in Arizona. With the issue of abortion continuing to divide lawmakers and communities across the country, the fight for reproductive rights remains a crucial and ongoing battle for advocates and supporters of women’s health.
