Arizona’s Republican-Controlled Senate Passes Repeal Of State’s 1864 Abortion Law

The repeal now heads to Democratic Governor Katie Hobbs' desk, who is expected to sign it. 

The Arizona GOP-controlled state Senate voted on Wednesday to pass a repeal of the 160-year-old law protecting unborn children from nearly all abortions after the state’s Supreme Court allowed the law to go into effect last month.

Two Republicans joined 14 Democrats to give the repeal enough votes to pass the state Senate after three Republicans voted with Democrats in the state House last week to approve the legislation, the Associated Press reported. The final vote tally in the state Senate was 16-14.

State Sen. Jake Hoffman blasted his Republican colleagues who joined with Democrats in passing the repeal.

“It is disgusting that this is the state of the Republican Party today,” Hoffman said.

Meanwhile, Arizona Democratic Attorney General Kris Mayes said the vote is “a win for freedom in our state.”

The abortion ban repeal now heads to Democratic Governor Katie Hobbs’ desk, who is expected to sign it. Hobbs has condemned the abortion ban, saying, “A law from 1864 written by 27 men cannot be allowed to govern the lives of millions of Arizona women.”

If Hobbs signs the bill, state law will revert to a 15-week abortion limitation that was signed into law by former Republican Governor Doug Ducey in 2022. The near-total abortion ban, however, will be in effect for a limited time as the repeal won’t take place until 90 days after the end of the legislative session, which will likely be June or July, according to the AP. Attorney General Mayes said her “office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect.”

The 1864 law banned abortion in every circumstance except when the mother’s life was in danger. It also punished anyone who aided in an abortion by two to five years in prison. The Arizona Supreme Court upheld the law last month, and said it was “enforceable.” The decision was celebrated by pro-life groups, such as Susan B. Anthony Pro-Life America, which called it an “enormous victory for unborn children and their mothers.”

Some Republicans, however, said the abortion law goes too far as pro-abortion Democrats argued that the Arizona law was “enforceable because Trump ended Roe.” Abortion could be a major issue in the 2024 election, and Democrats are hoping to use it to stir up voter enthusiasm in November, especially in vital swing states like Arizona, Michigan, and Wisconsin.

After the state high court’s decision, former President Donald Trump called on the Arizona legislature and governor to act quickly to “remedy what has happened,” arguing, “The Supreme Court in Arizona went too far on their Abortion Ruling, enacting and approving an inappropriate Law from 1864.”