Arizona’s 1864 abortion ban set to be repealed after Senate vote

The state Senate voted in favour of repealing the bill, which narrowly cleared the Arizona House last week and is expected to be signed into law by the governor.

Democrats secured enough votes in the Arizona Senate on Wednesday to repeal a Civil War-era ban on abortions that the state’s highest court recently allowed to take effect.

Fourteen Democrats in the Senate were joined by two Republican votes in favor of repealing the bill, which narrowly cleared the Arizona House last week and is expected to be signed by Democratic Gov. Katie Hobbs.

The near-total ban, which predates Arizona’s statehood, permits abortions only to save the patient’s life — and provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the 1864 law, which says that anyone who assists in an abortion can be sentenced to two to five years in prison.

If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law.

Still, there would likely be a period when nearly all abortions would be outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in June or July.

Several senators spoke about their motivations for voting as numbers were tallied on the repeal bill.

“This is a clear statement that the Legislature does not want the territorial ban to be enforceable,” said Democratic state Sen. Priya Sundareshan, who voted yes to repeal.

Arizona state Attorney General Kris Mayes called the vote “a win for freedom in our state,” but expressed concern that without an emergency clause, Arizonans would still be subject to the near total-abortion ban for some time.