Arizona House repeals the controversial 1864 abortion ban

Three Republican lawmakers in the Arizona House of Representatives made a surprising move on Wednesday by voting alongside Democrats to repeal the state’s long-standing ban on almost all abortions. This controversial ban, which dates back to 1864, was recently revived by a court ruling. It is important to note that the ban only includes exceptions to save the life of the pregnant woman.

The vote concluded with a final tally of 32 in favor and 28 against.

Democratic state Rep. Stephanie Stahl Hamilton, the sponsor of the bill, expressed her long-standing knowledge of the availability of votes. She emphasized the importance of fortitude and spine in pushing for the bill’s passage, stating, “I’ve known for a while that the votes were there.” In an interview with ABC News’ Jaclyn Lee, Rep. Hamilton highlighted the perseverance required in advocating for the bill.

During the night before the vote, Hamilton revealed that she engaged in several phone conversations with Republicans. Although she refrained from sharing specific details about these conversations, she expressed a sense of cautious optimism as a result.

According to Hamilton, the decisions made in Arizona are of great importance, and it is not an exaggeration to say that the whole world is watching. These decisions directly impact the people, and it is crucial for representatives to listen to and advocate for their constituents in their respective districts. This is the very reason they were elected in the first place.

The bill is now making its way to the state Senate, with a potential discussion scheduled for next week.

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State Representative Matt Gress, one of the three Republicans who aligned with Democrats, has called on his Senate colleagues to promptly address the issue. Gress, who was subsequently stripped of his appropriations committee assignment by Speaker Ben Toma, emphasized the need for swift action.

In a statement, he expressed his refusal to embrace the misguided notion propagated by the extreme factions on both sides of the issue. He firmly believes that it is possible to show respect and provide protection to women while also advocating for the sanctity of new life.

State Representative Tim Dunn, a Republican who supported the repeal, acknowledged that the 1864 law was flawed as it lacked exceptions for cases of rape and incest. He recognized the imperfections of the law. In response to their vote for the repeal, an anti-abortion organizer has expressed their intention to campaign against Dunn, Gress, and state Representative Justin Wilmeth in their respective primary races. These three Republicans voted in favor of the repeal.

On Wednesday, the Senate also proceeded with a second reading of its own bill to repeal the abortion ban. This was done without any objections, paving the way for a parallel vote. However, this may no longer be necessary as the House bill has already been approved.

Two Republican senators have already announced their support for the repeal effort, indicating that the House bill is likely to pass in that chamber. Once passed, the bill will then be sent to Gov. Katie Hobbs’ desk for her signature, effectively making it law.

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The abortion ban will be repealed 90 days after the legislative session ends, which must be before June 30.

“This ban’s existence is a stain on history, reminiscent of a time when the age of consent was as low as 10, and when women were denied the right to vote,” expressed state Sen. Eva Burch, a Democrat, during an earlier attempt to pass the repeal bill in the state House, as shared with ABC News’ Elizabeth Schulze.

Republican lawmakers in several states expressed strong opposition on Wednesday to the efforts to repeal the ban on Civil War-era laws. The ruling by the Arizona Supreme Court, which upheld the legality of the ban, has ignited a political firestorm in the state.

But prominent conservatives such as Trump, former Arizona Governor Doug Ducey, and Senate candidate Kari Lake have expressed their overall endorsement of abortion limitations while clarifying that they do not endorse the 1864 ban.

Lake expressed her disagreement with the recent ruling by the Arizona Supreme Court, stating that the total ban on abortion goes against the beliefs of the people in the state. She shared her thoughts through a video statement on social media.

House Speaker Toma took a stand against the vote on the House floor on Wednesday, expressing his strong opposition to hastily passing any repeal legislation.

In a statement, he expressed his belief that it would have been more sensible and responsible to let the courts determine the constitutionality of the pre-Roe law. He couldn’t comprehend the reasons behind the hasty decision.

During Wednesday’s session, GOP state Rep. Alexander Kolodin criticized the body, including the Republicans joining with Democrats, for succumbing to political pressures and equated abortion to the act of killing “infants.”

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He emphasized that while our political beliefs are significant, they should never compromise our values and principles.

Jacqueline Parker, a Republican state representative, strongly criticized the GOP votes for repeal, equating abortion to slavery.

The matter is expected to be presented directly to voters during the upcoming November election.

The Arizona for Abortion Access campaign has been actively working towards placing a potential constitutional amendment on the state’s ballot to protect abortion access. Democrats are optimistic that this could help increase voter enthusiasm and turnout for their candidates, as abortion access has proven to be a pivotal issue in previous elections following the overturning of nationwide protections by Roe v. Wade in 2022.

The campaign has stated that they have collected over 500,000 signatures, exceeding the required threshold. According to a spokesperson who spoke to ABC News, they will continue to gather signatures “until the wheels fall off.”

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