Arizona Senate Votes to Lift Nearly the Entire 1864 Abortion Prohibition

In a crucial move toward stopping a prohibition on abortion that dates back to the time of the Civil War, Arizona lawmakers made a step forward on Wednesday by repealing the measure that the Arizona Supreme Court had stated might be upheld the previous month.

Due to the fact that two Republican state senators, Sen. Shawnna Bolick and Senate President Pro Tempore T.J. Shope, separated themselves from the majority of Republicans in the chamber in order to support abolishing the nearly comprehensive ban, the vote was heavily influenced by party lines.

While the law of the nineteenth century prohibits abortions in all circumstances, with the exception of life-threatening medical emergency, it also imposes prison sentences on medical professionals and other individuals who assist in the process of abortion.

In order to receive her signature, the repeal will be sent to Governor Katie Hobbs, who is a Democrat. Hobbs had already stated to reporters earlier in the day that she would sign it “as soon as it gets to my desk.” This statement was made while the Senate was voting.

Jake Hoffman, a Republican state senator, attempted to present a motion to require police enforcement to be alerted for certain abortions prior to the final vote on the repeal. However, Senate President Warren Petersen prevented him from doing so by stating that his motion was not in order.

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While the chamber was voting, Bolick proceeded to give a statement that lasted for more than twenty minutes in order to explain her vote. Her personal pregnancies, as well as other pregnancy stories, her appointment to the Senate in 2023, and criticisms of Hobbs were all included in the article.

Through a series of floor remarks that lasted for several hours, other Republicans voiced their opposition to the repeal. Sen. Anthony Kern, a Republican from Glendale, referred to the attitude of Republicans who voted for the repeal and continue to assert that they are against abortion as the “epitome of delusion.”

A gathering of more than one hundred individuals, including those on both sides of the abortion debate, gathered outside the Senate building prior to the vote. Many of these individuals were holding signs. While the gallery of the Senate was packed with dozens of additional people, politicians occasionally exchanged pointed remarks with one another.

Following several weeks of political tension brought on by a decision by the state Supreme Court that upheld the prohibition as the law of the land, the House of Representatives of Arizona took the necessary steps to prepare for the repeal on April 24.

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The repeal will go into effect ninety days from the last day of the legislative session for the year, provided that Hobbs signs it and gives it his signature.

In the past, State Attorney General Kris Mayes had already indicated that she would not enforce any anti-abortion laws, including the restriction that was in place during the Civil War. She is supported by an executive action that was taken by Hobbs, which grants the Attorney General’s Office the jurisdiction to prosecute cases that are related to abortion services.

After the Supreme Court of the United States repealed Roe v. Wade in 2022, the law became a critical issue for the rights of women to get abortions.

As a result of the ruling made by the court, opponents of abortion attempted to have a stay placed on the statute in Arizona, which had been in effect since 1973. The state Supreme Court issued a ruling in favor of the 1864 ban in April, which prompted Democrats and even several Republicans in districts that were considered to be in a condition of swing to seek a repeal.

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