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.
Voting wasn’t complete but the Senate had the 16 votes it needed to advance the bill.
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 Governor Katie Hobbs.
The near-total ban, which predates Arizona’s statehood, permits abortions only to save the mother’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 Senator Priya Sundareshan, who voted yes to repeal.
There were numerous disruptions from people in Senate gallery, as Republican state Senator Shawnna Bolick explained her vote in favor of repeal, joining with Democrats.
Republican state Senator Jake Hoffman denounced Republican colleagues for joining with Democratic colleagues, calling it an affront to his party’s principles.
“It is disgusting that this is the state of the Republican Party today,” Hoffman said.
Advocates on both sides of the abortion issue arrived outside the Arizona Senate on Wednesday to emphasize their views. They included people affiliated with Planned Parenthood and faith-based groups opposed to abortion.
“I am expecting it will be repealed, but I am praying it won’t be,” said Karen Frigon, who was handing out brochures from the Arizona Right to Life.
Arizona is one of a handful of battleground states that will decide the next president. Former President Donald Trump, who has warned that the issue could lead to Republican losses, has avoided endorsing a national abortion ban but said he’s proud to have appointed the Supreme Court justices who allowed states to outlaw it.
When Roe v. Wade was overturned in June 2022 though, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could again be enforced. Still, the law hasn’t been enforced while the case was making its way through the courts.
Advocates are collecting signatures for a ballot measure allowing abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions — to save the parent’s life, or to protect her physical or mental health.
Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.
