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Arizona House Votes To Overturn 160-Year-Old Abortion Ban

Arizona state representatives convene on House floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. An Arizona Supreme Court ruling on Tuesday, April 9, allowing enforcement of an abort

The Arizona House of Representatives made a significant decision on Wednesday by voting to overturn the state's long-standing 1864 abortion ban. This move sets the stage for a potential repeal that would maintain the state's current 15-week restriction on abortion procedures.

The vote followed previous unsuccessful attempts to bring the bill to the floor, with Democrats pushing for the ban's removal after the state Supreme Court revived it earlier in the month. Three Republicans joined all 29 Democrats in advancing the legislation, signaling a bipartisan effort to address the issue.

If the state Senate passes the repeal measure in early May, it is expected to be signed into law by Democratic Governor Katie Hobbs. The Arizona Supreme Court's recent ruling mandated adherence to the 1864 law, which only allows abortions when deemed necessary to save a pregnant woman's life, with penalties for abortion providers.

Bipartisan effort seen as three Republicans join Democrats in advancing legislation.
Arizona House votes to overturn 1864 abortion ban, maintaining 15-week restriction.
State Senate expected to pass repeal measure, with potential signing by Governor Hobbs.

Reproductive rights advocates and some Republican figures, including former President Donald Trump, have expressed support for overturning the ban. However, within the Arizona House, dissenting voices from Republicans highlighted the divisive nature of the issue.

State Representative Matt Gress, who voted with Democrats, emphasized that the outdated territorial ban did not align with the values of most Arizona voters. Despite facing consequences for his vote, Gress stood by his decision, stating that he had been transparent with his constituents about his stance on the issue.

If the repeal fails in the state Senate, the 1864 law could come into effect, making Arizona one of the few states with stringent abortion restrictions. On the other hand, a successful repeal would uphold the state's 15-week abortion limit, with potential challenges due to the delayed enactment of nonemergency bills.

Neighboring California has offered support by proposing a bill to allow Arizona medical professionals to perform abortions for Arizona patients in California, providing a temporary solution amid the legal uncertainties in Arizona.

Looking ahead, Democrats are gearing up to address abortion policy in the upcoming general election, with efforts to place a constitutional amendment on the November ballot to safeguard abortion access up to fetal viability.

Wednesday's vote marks a pivotal moment in Arizona's abortion debate, underscoring the complex interplay of legal, political, and social factors surrounding reproductive rights in the state.

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