Arizona House Votes to Overturn 160-Year-Old Abortion Ban, Keeping 15-Week Restriction in Place

The Arizona House of Representatives made a historic decision on Wednesday by overturning the state’s 160-year-old abortion ban, setting the stage for a significant repeal. However, the vote does not eliminate the state’s 15-week restriction on abortion.

After two previous failed attempts, lawmakers successfully brought the bill to the floor, with three Republicans joining all 29 Democrats in advancing the legislation. The state Senate is expected to follow suit in early May, and Democratic Governor Katie Hobbs has expressed her intention to sign the bill into law.

Advocates for reproductive rights, including Athena Salman of Reproductive Freedom for All, hailed the decision as long overdue. The repeal comes in response to a recent ruling by the Arizona Supreme Court, which upheld the 1864 law prohibiting most abortions, except in cases where a pregnant woman’s life is at risk.

The vote marks a significant victory for reproductive rights advocates and certain Republican candidates, such as former President Donald Trump, who have distanced themselves from the court ruling.

Despite the positive outcome for supporters of abortion rights, some Republicans within the Arizona House expressed dismay. State Representative Rachel Jones voiced her disappointment, emphasizing the Republican platform’s stance on protecting life.

House Speaker Ben Toma, while opposing most abortions except those necessary to save a pregnant woman’s life, criticized the rushed nature of the repeal.

However, Representative Matt Gress, one of the Republicans who voted in favor of the repeal, argued that the antiquated ban no longer aligns with the values of Arizona voters. He lamented the difficulty in overturning the ban but affirmed his commitment to supporting reproductive rights.

Following the vote, Gress was removed from the chamber’s Appropriations Committee, a move viewed as retribution for his defiance of party lines. Nonetheless, Gress stands by his decision, stating that he campaigned against the territorial ban and remains committed to representing his constituents.

Governor Hobbs expressed relief at the bill’s passage in the state House, emphasizing the need to eliminate the outdated ban and restore stability to the state’s reproductive health landscape.

The fate of the 15-week restriction hinges on the Senate’s upcoming vote. If the repeal is successful, Arizona will join over a dozen states with stringent abortion bans. Conversely, failure to repeal could see the 1864 law take effect, further restricting access to abortion in the state.

Meanwhile, in neighboring California, Governor Gavin Newsom has endorsed a bill allowing Arizona medical professionals to perform abortions for Arizona patients in California, providing a temporary solution to the uncertainty surrounding abortion access in Arizona.

The long-standing abortion ban, enacted during the Civil War era and codified in 1901, remained in effect until 1973 when it was blocked by a court injunction following the landmark Roe v. Wade decision.

Looking ahead, Democrats plan to prioritize abortion policy in the upcoming general election. Efforts are underway to place a constitutional amendment on the November ballot that would protect abortion access up to fetal viability, which is typically around 22 to 24 weeks of pregnancy. Advocates must gather sufficient signatures by July to qualify for the ballot, highlighting the ongoing battle over reproductive rights in Arizona.