Arizona House Lawmakers Approve Repeal of 1864 Abortion Ban

Arizona’s House of Representatives voted on Thursday to repeal a longstanding 1864 abortion ban that could come into effect next month.

With a 32-28 vote, lawmakers decided to repeal the old abortion ban, pending a vote in the Arizona state Senate to fully eliminate the 160-year-old ban.

“The decision to seek an abortion or any reproductive healthcare should be made by patients, their families, and their healthcare providers, not politicians,” stated Democratic Representative Oscar De Los Santos before the session on Thursday.

The debate over Arizona’s historic abortion ban has become a focal point in the ongoing battle for women’s reproductive rights in the U.S. following the 2022 Supreme Court ruling that left the abortion issue to individual states. Conservative states promptly enacted strict abortion bans in response.

The old law was revived by a state Supreme Court decision on April 9, potentially taking effect within 60 days unless the legislature steps in to intervene.

Even if the 1864 abortion ban is repealed by Arizona Democrats, there are still restrictions on the procedure in place, with a 15-week abortion ban passed by Arizona Republicans in 2022.

Democrats nationwide, believing that public opinion supports abortion rights, have been pushing to elevate the issue ahead of the upcoming presidential election. Arizona, a crucial swing state, is deeply divided between Democrats and Republicans.

Arizona Democrats have attempted to repeal the 1864 abortion ban twice recently, only to be blocked by procedural obstacles preventing the measure from even reaching a vote.

Regardless of the repeal of the 1864 law, Arizona Democrats are also working to place a ballot measure before voters in November to restore abortion rights.

Democratic Governor Katie Hobbs has criticized the Republicans supporting the old abortion ban as “extremists” and has stated that she would sign a repeal of the ban if it passes both the House and the Senate.