Arizona House Clears Path to Repeal 1864 Abortion Ban

The Arizona House of Representatives voted Wednesday to overturn the state's 160-year-old abortion ban. In a 32-28 vote, parliamentarians decided that the long-standing ban on abortion should be repealed. Three Republicans voted alongside Democrats to advance the legislation.

The vote comes after two failed attempts by lawmakers in the Republican-controlled state House to bring the bill to the floor last week.

Now, the state Senate still needs to approve the repeal measure for the restriction to be lifted once and for all, before it comes into effect in May.

Democratic Gov. Katie Hobbs is expected to sign the bill if lawmakers are able to pass the measure.

The move comes after the Arizona Supreme Court ruled on April 9 that the state must adhere to the 1864 law that prohibits all abortions except in cases where “necessary” to save the life of a pregnant woman. The law also provides for a prison sentence of two to five years for abortion providers.

This Wednesday's vote (24) came as a blessing for defenders of reproductive rights and some Republican candidates, including former President Donald Trump, who tried to distance themselves from the court's decision.

Once inside the Arizona House, however, the repeal measure drew angry comments from several Republicans.

“I am disgusted today,” said state representative Rachel Jones. “Life is one of the pillars of our Republican platform. To see people go back on that amount is outrageous to me.”

Arizona House Speaker Ben Toma has said he opposes all abortions except to save the life of a pregnant woman.

State Rep. Matt Gress, one of the Republicans who voted with Democrats, said the ban — which was first introduced when Arizona was still a U.S. territory and not a state — did not reflect the values ​​of the majority of Arizona voters. Repealing it should have been a simple proposition, he said.

“I think it was harder than it needed to be,” Gress told CNN .

When the session ended, the leadership of the House of Representatives removed Gress from the chamber's Appropriations Committee, a move that was seen as punishment for opposing the party. Gress said it was “unfortunate and potentially unprecedented” but he did not regret his vote.

“I campaigned against the territorial ban and made it very clear to my voters that I do not support it,” said Gress, who represents a Phoenix-area district.

If a repeal vote fails in the state Senate, the 1864 law could go into effect as early as June 8, making Arizona one of more than a dozen states that ban abortions at virtually all stages of pregnancy, with few exceptions. .

If successful, Arizona's 15-week restriction on abortions will remain state law. However, officials warned that the territorial ban could soon be enforceable because non-emergency bills passed in Arizona only take effect 90 days after the legislature closes.

In neighboring California, Democratic Gov. Gavin Newsom praised a state bill that would allow Arizona medical professionals to perform abortions for Arizona patients in California by the end of the year, arguing that it could help Arizonans even though the 1864 ban is revoked.

“With its urgency clause, SB 233 would fill a critical gap for care for a significant period of time before a repeal in Arizona could be implemented,” said a press release from the governor’s office. “Quick action helps combat the confusion and frightening effect this back-and-forth creates.”

The Civil War-era abortion ban, which dates back to before statehood, was codified in 1901. It remained in effect until 1973, when it was blocked by a court injunction after Roe v. Wade. Wade created a federal constitutional right to abortion.

In March 2022, months before the US Supreme Court overturned Roe v. Wade, Republican Gov. Doug Ducey signed the state's 15-week ban law, which has no exceptions for rape or incest. This legislation explicitly stated that it did not nullify the 1864 law.

Democrats have made clear they still plan to emphasize abortion policy heading into the general election. Arizona Republicans hold single-seat majorities in the state House and Senate, and the state will be a battleground for the U.S. Senate and presidency this fall.

Sam Paisley, spokesman for the Democratic Legislative Campaign Committee, which works to elect Democrats to House of Representatives seats, called Wednesday's vote a “clear victory for Arizona House Democrats” but noted that the 15-week restriction would still exist after a repeal.

“The only way to protect reproductive freedoms is to elect Democrats to the legislature to repeal this (15-week) ban as well,” Paisley said in a statement.

Abortion rights advocates are currently working to place a proposed constitutional amendment on the state's November ballot that would protect abortion access until fetal viability, which doctors believe is about 22 to 24 weeks of pregnancy. Arizona for Abortion Access, the group supporting the amendment, has gathered more than 500,000 signatures.

Before the vote in the Arizona House, the chamber's rules committee voted along party lines to approve the late introduction of three House resolutions, widely considered to be Republican-backed ballot measures intended to compete with the abortion rights amendment.

Source: CNN Brasil

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