Fourteen Democrats on the Arizona Senate were joined by two Republicans in securing the votes needed to repeal the 19th century law
Fourteen Democrats on the Arizona Senate were joined by two Republicans in securing the votes needed to repeal the 19th century law (Picture: Reuters)

Lawmakers in Arizona have voted to repeal a 19th century law banning nearly all abortions three weeks after the state’s Supreme Court revived it.

All 14 Democrats on the Arizona Senate were joined by two Republicans in a 16-14 vote on Wednesday advancing a bill repealing the Civil War-era ban.

The bill, which last week narrowly passed the Arizona House, is expected to be signed by Democratic Governor Katie Hobbs.

Earlier this month, the state Supreme Court, with justices all appointed by Republicans, ruled 4-2 that the ban could be enforced because Roe v Wade was overturned.

Pro-life activists place signs in front of Camelback Family Planning, an abortion clinic in Phoenix, Arizona, on April 18, 2024
Pro-life activists place signs in front of Camelback Family Planning, an abortion clinic in Phoenix, Arizona, on April 18, 2024 (Picture: Getty Images)

The 1864 law predating Arizona’s statehood allowed abortions to be performed only to save a patient’s life, and did not permit them in cases of rape or incest. Additionally, the state’s highest court suggested that doctors performing abortions could be sentenced to two to five years in prison.

Hobbs said she plans to quickly sign the bill to officially repeal the law.

‘The devastating consequences of this archaic ban are why I’ve called for it to be repealed since day one of my administration,’ stated Hobbs.

‘Arizona women should not have to live in a state where politicians make decisions that should be between a woman and her doctor.

Republican Arizona state Senator Anthony Kern speaks with anti-abortion protesters at the Arizona State Capitol in Phoenix
Republican Arizona state Senator Anthony Kern speaks with anti-abortion protesters at the Arizona State Capitol in Phoenix (Picture: Reuters)

‘While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare in Arizona.’

The US Supreme Court in overturning Roe v Wade in June 2022 left it to states to determine abortion rights. On April 9, the Arizona Supreme Court found the state legislature did not create a right to abortion and prohibited the procedure after 15 weeks of pregnancy. Just the day prior, ex-president and Republican candidate Donald Trump said states should determine abortion access.

After the Arizona Senate’s vote, Vice President Kamala Harris blamed Trump for causing women to be ‘living in a state of chaos and cruelty’ across the US.

‘What is happening in Arizona is just the latest example,’ stated Harris. ‘While Arizona Democrats have worked to clean up the devastating mess created by Trump and his extremist allies, the state’s existing ban, with no exception for rape or incest, remains in effect.’

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