Arizona State House Passes Bill To Repeal 1864 Abortion Ban, Overcoming GOP Opposition

Arizona state House lawmakers finally voted on Wednesday to pass a bill aiming to repeal an 1864 law, upheld by the state's Supreme Court recently, that imposes a near-total ban on abortion.

The bill was passed in third try in three weeks. Earlier attempts were unsuccessful due to opposition from Republicans, who prevented the legislation from advancing to the floor for consideration.

Following a series of votes during the day, three state House Republicans sided with Democrats to approve the repeal of the longstanding law from the Civil War era. The bill successfully passed with a vote of 32-28.

Republican Representatives Tim Dunn, Justin Wilmeth, and Matt Gress, joined forces with all Democrats to overcome opposition from State Speaker Ben Toma and the remaining GOP members.

Republican legislators strongly criticized their party members who aligned with Democrats in the vote.

Last week, Gress was the only Republican who aligned with House Democrats in their bid to repeal the abortion ban, with the latter requiring at least two GOP votes to push the legislation forward.

The controversial law had criminalized abortion, punishing those involved in performing or facilitating the procedure with two to five years in prison.

Arizona Senate is expected to vote on the repeal as early as next Wednesday, following the bill's advancement to the floor for a "third reading." The Senate also needs votes from at least two Republicans to pass the bill.

However, the Senate has already initiated the process for its identical version of the House repeal bill, indicating a potential swift passage once the chamber convenes next week.

If approved, the bill would then be forwarded to Governor Katie Hobbs, a Democrat who has urged the Legislature to repeal the law.

The reinstatement of the 1864 ban by the state Supreme Court earlier this month sparked national outrage and prompted a political reckoning within the Republican Party, which has traditionally held strong anti-abortion stances.

The century-old law, enacted even before Arizona achieved statehood, criminalizes abortion, imposing penalties of two to five years' imprisonment for those involved in performing or facilitating the procedure.

Abortion-rights activists have been actively collecting signatures for a referendum aimed at preserving access to abortion up to the point of fetal viability, typically around 24 weeks of pregnancy.

In response, Republicans are considering their own referendum, advocating for restricting abortion access to either 15 weeks or potentially as early as six weeks. If both legislative chambers approve the same language, the referendum would automatically appear on the November ballot.