Arizona Senate Clears Path for Proposed Repeal of State's Near-Total Abortion Ban

The fight over Arizona’s abortion law continues as the state Senate clears a path to bring forward a proposed repeal of the near-total ban on abortions. The Senate moved to let a repeal proposal advance, potentially leading to a vote as early as May 1. If approved, the 2022 statute banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law in the state.

Republican Senators T.J. Shope and Shawnna Bolick, along with 14 Democrats, worked to change rules enabling the advancement of the repeal proposal after the bill's hearing deadline had passed. This move comes after attempts to bring the repeal bill to a vote were blocked in the Arizona House for the second time in a week. The House saw a 30-30 tie on efforts to vote on the repeal measure, ultimately preventing its advancement.

Legal Landscape Shift

Last week, the Arizona Supreme Court ruled that the 1864 law can be enforced, leading to a significant shift in the legal landscape for terminating pregnancies in the state. The law permits abortions only for saving the woman’s life, with no exceptions for rape or incest. It also carries a sentence of two to five years in prison for doctors or anyone assisting in an abortion. This decision has prompted intense debate and action among lawmakers.

The debate in the House over whether to allow a vote on the repeal proposal was heated, with members from pro-life groups passionately expressing their stance. Efforts to bring the repeal bill to a vote were met with strong opposition and House Speaker Ben Toma emphasized that it was too soon to take action following the recent court decision. There was a clear divide on the urgency and implications of the matter, reflecting the deeply held beliefs of the representatives.

Democratic Representative Alma Hernandez argued that failing to act on the repeal is a disservice to the people of Arizona, particularly women. This sentiment was echoed by Republican Representative Matt Gress, who underlined the need for timely action, emphasizing that the 160-year-old law does not align with the values of the state’s population.

Governor Katie Hobbs, a proponent of the repeal, expressed disappointment in the House's failure to act, highlighting the impact on women, doctors, and healthcare providers. On the other hand, the Center for Arizona Policy, a long-time advocate of anti-abortion initiatives, celebrated the House’s stance as a “victory for life.” The group emphasized the importance of protecting the unborn and their mothers, framing the decision as a temporary win.

Historical Context

The 1864 law, which predates Arizona’s statehood, had been inactive since the landmark 1973 Roe v. Wade decision. However, following the overturning of Roe v. Wade in June 2022, the law was revived, leading to the current legal battle. The state’s highest court has specified a timeline for potential enforcement, with a grace period before implementation, indicating that the legal implications will continue to unfold.