The Arizona Legislature approved a repeal of a long-dormant ban on nearly all abortions Wednesday, advancing the bill to Democratic Gov. Katie Hobbs, who is expected to sign it.
Pro-life demonstrators walk in the front of the Arizona Capitol prior to the vote on the proposed repeal of the state’s near-total ban on abortions prior to winning approval from the state House on, April 24, 2024, in Phoenix. Democrats …PHOENIX —
If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law. Still, there would likely be a period when nearly all abortions would be outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in June or July.
The near-total ban on abortions, which predates Arizona’s statehood, permits abortions only to save the patient’s life - and provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the 1864 law, which says that anyone who assists in an abortion can be sentenced to two to five years in prison.
There were numerous disruptions from people in Senate gallery, as Republican state Sen. Shawnna Bolick explained her vote in favor of repeal, joining with Democrats. “I am expecting it will be repealed, but I am praying it won’t be,” said Karen Frigon, who was handing out brochures from the Arizona Right to Life.
When Roe v. Wade was overturned in June 2022 though, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could again be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts. Mayes, who succeeded Brnovich, urged the state’s high court against reviving the law.
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