PHOENIX (AP) – In a historic legislative decision, Arizona Governor Katie Hobbs signed a bill to repeal the 1864 abortion ban, marking the end of a Civil War-era law that had stirred heated controversy and contentious debates after its recent revival by the state Supreme Court. The repeal effort highlights the state’s commitment to protecting reproductive healthcare rights, despite the precarious legal landscape and potential gaps in enforcement.
The now-repealed law, dating back to 1864, was long dormant until the Supreme Court’s June 2022 decision to overturn Roe v. Wade. The ban permitted abortions only when a patient’s life was at risk, leaving no exceptions for cases of rape or incest. Advocates argue that the law was restrictive and denied women fundamental healthcare rights, particularly those facing dire circumstances.
During the repeal signing ceremony, Hobbs emphasized that this was only the beginning of a long battle to protect reproductive healthcare in Arizona. She criticized the 1864 ban for its outdated and patriarchal nature, saying, “A ban that was passed by 27 men before Arizona was even a state needs to be relegated to the past.” The repeal effort, which won final approval in the Senate by a narrow 16-14 vote, found bipartisan support as two GOP lawmakers joined Democrats in overturning the ban.
Uncertainty in Enforcement and Legal Limbo
Despite the signing, the repeal cannot take effect immediately. Instead, it will be delayed until 90 days after the legislative session adjourns, which typically occurs in late June or early July. This delay creates a potential window during which the 1864 law might temporarily become enforceable, posing significant challenges to abortion access in the state.
In April, the Arizona Supreme Court reinstated the 1864 ban following the U.S. Supreme Court’s decision to overturn Roe v. Wade, which led to significant legal confusion and left abortion services in a precarious state. Attorney General Kris Mayes, a Democrat and opponent of the ban warned that the restrictive law could take effect by June 27.
She requested that the court put a hold on its enforcement until the repeal is fully implemented. Planned Parenthood Arizona filed a similar request, arguing that the court should follow legislative deference and recognize the Legislature’s will after passing the repeal.
Until the repeal takes effect, abortion providers in the state remain in limbo, facing potential prosecution for offering abortions. The 1864 law carries a potential prison sentence of up to five years for anyone convicted of assisting with an abortion.
Once the repeal is finalized, the 2022 statute banning abortion after 15 weeks of pregnancy will become Arizona’s prevailing abortion law. However, the 15-week ban remains highly controversial, as it provides no exceptions for cases of rape or incest. Critics argue that it restricts reproductive freedom and forces women to carry pregnancies that may be dangerous or unwanted.
Abortion rights advocates argue that while repealing the 1864 law is an important step, further action is needed to ensure comprehensive reproductive rights in the state. Arizona for Abortion Access, a coalition advocating for abortion rights, expressed dissatisfaction with the 15-week ban, noting that Arizonans “cannot afford to celebrate or lose momentum.” The group is pushing for a ballot initiative that would enshrine abortion rights into the Arizona Constitution, allowing the procedure until the fetus can survive outside the womb, typically around 24 weeks.
Conversely, anti-abortion groups are considering their ballot measures to counter the initiative and limit abortion access further. This ideological clash highlights the deep division in the state’s political landscape regarding abortion rights.
Political Landscape and Partisan Tensions
Governor Hobbs addressed concerns from voters who support the 15-week ban but are hesitant about fully enshrining abortion rights in the state Constitution. She criticized both the 1864 and 15-week bans, labeling them “draconian” and arguing that personal reproductive decisions should not involve government intervention. Hobbs added that Arizona’s experience over the past several weeks since the Supreme Court ruling reinforces the need for the government to stay out of these decisions.
The repeal effort also exposed rifts within the Republican Party. State Sen. Jake Hoffman, a vocal opponent of the repeal, criticized fellow Republicans who supported it alongside Democrats, calling their actions “disgusting.” He equated abortion to murder and accused his colleagues of abandoning their principles to join with Democrats. Hoffman’s comments reflect the broader ideological divide within the GOP on abortion rights.
Despite opposition, some anti-abortion Republicans, including former President Donald Trump, felt that the 1864 ban went too far and supported the repeal. This nuanced stance among Republicans reflects the complexity of the abortion debate in Arizona and across the nation.
Advocates’ Hopes and Future Legal Battles
The repeal’s passage sparked relief among abortion rights advocates who have been working tirelessly to protect reproductive healthcare in the state. Dr. Ronald Yunis, a Phoenix-based obstetrician-gynecologist who also provides abortions, hailed the repeal as a positive development. “This is good for ensuring that women won’t have to travel to other states just to get the healthcare they need,” Yunis stated.
Arizona Rep. Stephanie Stahl Hamilton, a Democrat who played a key role in the repeal effort, reflected on the personal impact of the law. She spent her early years in the Navajo Nation, where she witnessed firsthand how limited healthcare options affected women. She also recalled her sister-in-law’s struggles with two challenging pregnancies that ended tragically. Hamilton lamented that her daughter would have fewer reproductive rights than previous generations if the 1864 ban were enforced.
Governor Hobbs’ repeal of the 1864 abortion ban is a historic victory for reproductive rights in Arizona. It represents a significant step toward modernizing the state’s abortion laws and protecting women’s healthcare. However, the path ahead remains challenging due to legal uncertainties and entrenched partisan divisions.
The repeal, coupled with the looming ballot initiatives, will undoubtedly shape Arizona’s political and social landscape for years to come. Ultimately, the battle for reproductive rights continues, as advocates strive to ensure that all Arizonans have the freedom to make personal decisions regarding their healthcare without government interference.
