Lawmakers in the Arizona house have voted to repeal a controversial 1864 law banning nearly all abortions, amid mounting pressure from the state’s Republicans.
Three Republicans joined in with all 29 Democrats on Wednesday to support the repeal of the law, which predates Arizona’s statehood and provides no exceptions for rape or incest.
The move follows weeks of effort in the state legislature to address an issue that put Republicans on the defensive in a battleground state for the presidential election. The measure will now head to the state senate, where it is expected to pass, and then to the governor’s desk.
The Arizona supreme court earlier this month concluded the state can enforce a long-dormant law that permits abortions only to save the pregnant patient’s life. The ruling suggested doctors could be prosecuted under the law, first approved in 1864, and anyone who assists in an abortion could face two to five years in prison.
The ruling put enormous pressure on Republicans in the state, who on the one hand are under fire from some conservatives in their base who firmly support the abortion ban, and from swing voters who strongly oppose the measure and will decide crucial races including the presidency, the US Senate and the GOP’s control of the legislature.
Some prominent Republicans, including the GOP candidate for Senate, Kari Lake, have come out against the ban. But Republicans in the statehouse so far have blocked efforts by Democratic lawmakers to repeal the law.
A week ago, one Republican in the Arizona house joined 29 Democrats to bring the repeal measure to a vote, but the effort failed twice on 30-30 votes. Democrats hoped one more Republican would cross party lines on Wednesday so that the repeal bill can be brought up for a vote. There appears to be enough support for repeal in the Arizona senate.
Meanwhile, the office of the Arizona attorney general, Kris Mayes, on Tuesday asked the state supreme court to reconsider its decision, the Arizona Republic reported.
On Wednesday, dozens of people gathered outside the state capitol before the House and Senate were scheduled to meet, many of them carrying signs or wearing shirts showing their opposition to abortion rights.
The civil war-era law had been blocked since the US supreme court’s 1973 Roe v Wade decision guaranteed the constitutional right to an abortion nationwide.
After Roe v Wade was overturned in June 2022, the then Arizona attorney general, Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law has not actually been enforced while the case makes its way through the courts. Mayes urged the state’s highest court not to revive the law.
Mayes has said the earliest the law could be enforced was 8 June, though the anti-abortion group defending the ban, the Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the supreme court’s decision becomes final, which is expected to occur this week.
If the proposed repeal is signed into law by the Democratic governor, Katie Hobbs, a 2022 statute banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law.
Many abortion providers in the state have vowed to continue providing the procedure until the ban goes into effect. In neighboring California, providers are gearing up to treat Arizona patients seeking abortion care when the ban goes into effect. The California governor, Gavin Newsom, announced on Wednesday he’s introducing a proposal that would allow Arizona doctors to perform abortions for their clients in California. The change would only apply to doctors licensed in good standing in Arizona and their patients, and last through the end of November.
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The battle over abortion access in Arizona will ultimately be decided in November. Abortion rights advocates are pushing an effort to ask Arizona voters to create a constitutional right to abortion. They have collected about 500,000 signatures, more than the almost 384,000 needed to put it on the ballot.
The proposed constitutional amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It also would allow later abortions to save the parent’s life, or to protect her physical or mental health.
Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.
A leaked planning document outlined the approaches being considered by house Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they are pregnant.
House Republicans have not yet publicly released any such proposed ballot measures.
Reproductive rights advocates say the issue has mobilized voters and report that people are seeking out signature-gatherers and asking about locations where their friends and family can sign to put abortion access on the ballot.
“I’ve had women come up with three kids, and they’re signing. And I tell them, moms are the most important signature here, because they understand what this issue is, and what pregnancy does to the body, what pregnancy does to your life,” Susan Anthony, who has been gathering signatures in Arizona, told the Guardian.
The Associated Press contributed reporting
Source: US Politics - theguardian.com
