Arizona Narrowly Repeals 1864 Abortion Ban After 2 GOP Senators Break with Party

"While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare," said Arizona Governor Katie Hobbs

<p>AP Photo/Matt York</p> Arizona state senator Jake Hoffman speaks to the Senate President, Wednesday, May 1, 2024, at the Capitol in Phoenix.

AP Photo/Matt York

Arizona state senator Jake Hoffman speaks to the Senate President, Wednesday, May 1, 2024, at the Capitol in Phoenix.

The Arizona abortion ban that was reinstated on April 9 has been repealed.

On May 1, Arizona lawmakers voted 16-14 in favor of passing the bill that would repeal an 1864 abortion ban, reports The New York Times, the Associated Press and The Washington Post.

Two Republicans, T.J. Shope and Shawnna Bolick, voted against the anti-abortion conservatives in their own party and voted with all 14 Democratic senators. As a result of this vote, Arizona Governor Katie Hobbs (D) is expected to sign the repeal on Thursday afternoon, May 2.

Hobbs said in a statement that she looks forward to “quickly signing the repeal.”

“The devastating consequences of this archaic ban are why I’ve called for it to be repealed since day one of my administration. Thank you to Democratic members of the House and Senate for working tirelessly with me to repeal this draconian law,” she wrote.

“I will never stop fighting to protect reproductive freedom. Arizona women should not have to live in a state where politicians make decisions that should be between a woman and her doctor,” Hobbs continued. “While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare.”

Related: Arizona Is Reinstating a Near-Total Abortion Ban Enacted 160 Years Ago — Before Women Could Vote

Mario Tama/Getty Katie Hobbs on October 7, 2022 in Tucson, Arizona.
Mario Tama/Getty Katie Hobbs on October 7, 2022 in Tucson, Arizona.

Once the repeal is finalized, abortions in Arizona will be governed by a 2022 law, which prohibits the procedure after 15 weeks of pregnancy and makes no exception for rape survivors or incest, according to AP.

However, the timeline regarding when the repeal will be legally sound and allow abortion access isn’t entirely clear. It will not be enforced until 90 days after the Legislature adjourns in June or July; therefore, the 160-year-old law could still temporarily prevent people from receiving abortion access in Arizona.

On April 9, the Arizona Supreme Court ruled in a 4-2 decision that the Civil War-era law, a near-total ban on abortion, is still enforceable.

<p>AP Photo/Matt York</p> Shawnna Bolick speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix.

AP Photo/Matt York

Shawnna Bolick speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix.

Related: Celebrities Who Have Shared Their Abortion Stories to Help Women Feel Less Alone

After the vote, Hobbs said she hopes that the Arizona Supreme Court delays the enactment of the ban. “I do believe there will be a motion to stay the ban and the court should listen to the legislative intent on this,” Hobbs said in a Wednesday interview, per The Washington Post.

The law was introduced 48 years before Arizona gained statehood in 1912 and 56 years before women were given the right to vote. 

Following the 1973 Roe v. Wade decision, the ban was dormant for decades under abortion protections granted by the landmark court case. However, after the recent overturning of Roe v. Wade in June 2022, the Arizona State Supreme Court was able to reinstate it.

<p>AP Photo/Ross D. Franklin</p> T.J. Shope at the Arizona Capitol, Tuesday, April 26, 2016, in Phoenix.

AP Photo/Ross D. Franklin

T.J. Shope at the Arizona Capitol, Tuesday, April 26, 2016, in Phoenix.

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Arizona legislators attempted to repeal the bill twice before Wednesday's vote. Per the AP, last week, three Republican House members met with every Democrat and voted to repeal the 1864 ban, which was then taken to the Senate, leading to Wednesday's vote.

The ban outlaws the procedure from the moment of conception and does not make exceptions for rape or incest, making it one of the strictest bans in the country, per NBC News. It does include an exception for saving a woman's life.

Those who perform or receive an abortion could be charged with a felony, and those found guilty are punishable by fines and a two-to-five-year prison sentence.

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