Arizona legislature repeals 1864 abortion ban and returns to previous 15-week cap

The Arizona Legislature finally repealed the 1864 abortion ban, which had been reinstated in early April by the local Supreme Court. The not-so-new legislation prohibited this practice in all cases, with the only possible exception of saving the mother's life "when necessary." A few Republicans joined all Democrats in both chambers to send the repeal to Governor Katie Hobbs' desk, who has already announced that she would sign it into law.

With the approval of the local House of Representatives, where it took more than one attempt to achieve the half-sanction, two Republicans joined all the Democrats in the Senate to finally approve the annulment above. Shawnna Bolick and TJ Shope were the two Republican senators who joined their Democratic colleagues in a vote that ended 16 to 14.

"This is a clear statement that the Legislature does not want the territorial ban to be enforceable," Sen. Priya Sundareshan (D) said after the vote.

The result did not satisfy the vast majority of GOP legislators in Arizona. However, it did satisfy , who had publicly called for the repeal of the 1864 prohibition.

Governor Hobbs announced that she would sign the repeal and celebrated the Senate vote on her social media. "I'm glad to see the Senate answered my call and voted to repeal the 1864 total abortion ban. While this is essential to protecting women's health, it is just the beginning. I will never stop fighting for women's reproductive freedoms," she wrote on her X account, formerly known as Twitter.

What will happen to abortion in Arizona?

On April 9, the state Supreme Court judges ruled 4-2 to ratify a law from 1864. The legislation annulled the state's 15-week ban, enacted in 2022, months before the ruling that would annul Roe Vs. Wade and Planned Parenthood vs. Casey.

However, once the repeal goes into effect, Arizona will return to the 2022 legislation promoted by then-Governor Doug Ducey, who had criticized the court's ruling.

This law prohibits abortions after 15 weeks of pregnancy, with exceptions only in cases of medical emergency. There are no exceptions in cases of rape or incest.

"In Arizona, we know there is immeasurable value in every life – including preborn life. I believe it is each state's responsibility to protect them," Ducey said at the time.