The Arizona Senate's decision on Wednesday to repeal the state's 1864 abortion ban, which was set to take effect soon, marks a significant development.
The repeal, passed with a 16-14 vote, is expected to be promptly signed by Governor Katie Hobbs, a Democrat. Two Republican senators crossed party lines to support the repeal. Last week, the Arizona House approved the measure after several Republicans joined Democrats in sending it to the Senate.
Senator Eva Burch, a Democrat, emphasized the need to repeal an outdated law, stating, "We're here to repeal a bad law," underscoring the era when laws concerning women were crafted without their right to vote. In contrast, Republican Senator Wendy Rogers argued in favor of maintaining the 1864 ban, stating, "Life starts at conception. They got it right in 1864. We need to continue to get it right in 2024."
This decision on Arizona's Civil War-era abortion ban has become a focal point on women's reproductive rights in the U.S., particularly after the 2022 U.S. Supreme Court ruling that ended the constitutional right to abortion. This decision empowered states to determine the issue, leading conservative-led states to swiftly enforce strict abortion bans. Democrats, believing that public opinion supports abortion rights, have prioritized the issue ahead of November's presidential election, particularly in battleground states like Arizona.
Heather Williams, president of the Democratic Legislative Campaign Committee, plans to leverage the "extreme nature of MAGA Arizona Republicans" who supported maintaining the 1864 law as Democrats aim to gain control of Arizona's House and Senate in the upcoming elections. Rogers acknowledged the political risks, stating, "Some colleagues would say it's politically pragmatic for us to find middle ground. We might lose the legislature, we might lose the presidential election. But it's more important to do what's right."
The 1864 law was reinstated by a state Supreme Court decision on April 9. Restrictions on abortion remain in place in Arizona, including a law passed in 2022 that prohibits abortion after 15 weeks of pregnancy. Arizona Democrats plan to continue efforts to introduce a ballot measure in November that would restore abortion rights.