Arizona Governor Repeals 1864 Abortion Ban, But Law Could Still Be Enforced Temporarily

Arizona Governor Katie Hobbs made a significant move on Thursday by signing repeal legislation for a long-dormant, near-total abortion ban. This controversial law had been recently revived by the state Supreme Court, sparking intense debate and controversy.

Arizona Governor expresses pride in signing bill, acknowledges ongoing work

Expressing her pride in signing the bill, the Arizona Governor emphasized that while this moment provides relief for Arizonans, there is still more work to be done. At a ceremony attended by state legislators and advocates for abortion access, she highlighted the significance of this legislative action.

Hobbs will reverse the pending reactivation of the restrictive abortion law that dates back to 1864, but the reversal won’t take effect immediately.

The ban, which the Arizona Supreme Court recently upheld as enforceable, cannot be invalidated by the new repeal law until 90 days after the Arizona Legislature concludes its session in June. This ruling came after the U.S. Supreme Court overturned Roe v. Wade in 2022.

Arizona’s attorney general has stated that the Civil War-era law, which permits abortions only in cases where the woman’s life is at risk, is set to be enforced from June 27.

In an interview with ABC News, Hobbs, a Democrat, expressed her optimism regarding the legislative adjournment, anticipating its completion within the next few weeks. Following the adjournment, a three-month countdown would commence before the repeal takes effect. This could potentially result in a period of two to three months during which the 1864 ban would remain in place.

“I will do everything in my power to prevent this ban from being implemented,” Hobbs passionately expressed during a press conference held on Thursday.

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On Tuesday, Democrat Kris Mayes, the Arizona attorney general, made a request to the state’s Supreme Court to put a hold on its order that revived the 1864 law.

Planned Parenthood, a women’s health advocacy group, has submitted a similar request on Wednesday. The group references the principle of “legislative deference,” which they claim the court relied on to justify the reinstatement of the ban. They argue that they should defer to the will of the Legislature, especially since a repeal was passed with the support of a few Republicans alongside the Democratic minority in the statehouse.

Once the ban from 1864 is repealed, a new 15-week ban without exceptions for rape or incest will come into effect in the state.

Abortion rights activists expressed their dissatisfaction with such an outcome.

“After the repeal passed the Senate yesterday, a spokesperson for Arizona for Abortion Access expressed disappointment, stating that Arizonans will continue to be deprived of the autonomy to make decisions regarding their own health. There is no room for celebration or complacency as the fight for reproductive rights in Arizona remains crucial.”

In November, voters will have the opportunity to directly address the issue, as advocates for pro-abortion access are pushing for a ballot initiative that seeks to protect abortion rights in Arizona’s Constitution. In response, opponents of abortion are also exploring the possibility of introducing their own initiatives to counter this proposal.

When asked about her message to voters who support the 15-week ban but are hesitant about the ballot initiative to protect Roe v. Wade in the state Constitution, Hobbs referred to both state bans as “draconian.”

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“The 15-week ban disregards the complexities of pregnancy and fails to provide exceptions for cases of rape or incest,” she asserted. “Arizonans will now have the opportunity to voice their opinions on this matter. However, the recent events following the court ruling only reaffirm my belief that the government should not interfere in such personal decisions.”

Hobbs criticized the Republicans who sided with Democrats in the Legislature to pass the repeal, arguing that it was merely a case of political opportunism.

Many Republican lawmakers in Arizona vehemently opposed the repeal effort, arguing that they firmly believe abortion is equivalent to murder.

State Senator Jake Hoffman expressed his disappointment in the current state of the Republican Party, stating that Republicans are deviating from the principles set by the Founding Fathers and the party’s own platforms. He condemned the alliance between Republicans and Democrats, describing it as a disheartening development. Senator Hoffman made these remarks while voting against the repeal.

However, there are some prominent Republicans who are against abortion, including Donald Trump, who have expressed their belief that the ban implemented in 1864 was excessive.

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