Arizona Governor Repeals 1864 Law Banning Almost All Abortions In The State

A restriction on most abortions that dates back to the Civil War has been rendered obsolete by Democratic Arizona Governor Katie Hobbs, who signed a repeal measure on Thursday.

According to Ms. Hobbs, the action is just the start of a battle to defend Arizona’s reproductive health services. However, the repeal might not go into effect until June or July, ninety days after the legislative session ends.

Abortion rights activists are hoping that a judge will intervene to stop it from happening.

In a vote of 16 to 14, the Senate on Wednesday approved the repeal of the long-dormant law, which outlaws abortions other than those performed to save a patient’s life. Two Republican senators voted in favor of the Democratic proposal.

Ms Hobbs denounced “a ban that was passed by 27 men before Arizona was even a state, at a time when America was at war about the right to own slaves.

“This ban needs to be repealed, I said it in 2022 when Roe was overturned, and I said it again and again as governor,” Ms. Hobbs stated.

Related Article: Florida gov bans abortions after six weeks of pregnancy

Senators used personal, emotive, and even biblical language to explain their reasons for wanting to “legislate religious beliefs,” which included amplified audio recordings of a fetal heartbeat and graphic details of abortion procedures. The voting dragged on for hours.

Simultaneously, on Wednesday, proponents of an abortion rights petition in South Dakota turned in significantly more signatures than necessary to be included on the ballot this autumn. Meanwhile, in Florida, a restriction on most abortions after six weeks of pregnancy went into force, before many women even realize they are pregnant.

The dormant abortion ban law could be enforced as early as June 27, according to Democratic Arizona Attorney General Kris Mayes, who opposes the nearly entire ban. However, she has petitioned the state’s highest court to delay implementation until late July.

However, Alliance Defending Freedom, the anti-abortion group supporting the ban, argues that county prosecutors can start enforcing it as soon as the Supreme Court’s ruling becomes final, which has not yet happened.

There are no exceptions for victims of incest or rape under the nearly complete ban. The Arizona Supreme Court made a suggestion last month that physicians could face legal action under the 1864 statute that imposes a two-to-five-year prison penalty on anybody who aids in an abortion.

Repeal would make Arizona’s current abortion legislation a 2022 law that outlaws the procedure after 15 weeks of pregnancy.

While the issue has divided Republican leaders, President Joe Biden’s campaign staff feels that their fury over the overturning of Roe v. Wade gives them a strategic edge in battleground areas like Arizona.

Since the 1973 Roe v. Wade ruling by the US Supreme Court affirmed the constitutional right to an abortion nationally, the 19th-century law has been barred.

The Republican attorney general of Arizona at the time, Mark Brnovich, convinced a state judge that the 1864 ban could be upheld after Roe v. Wade was repealed in June 2022.

However, during the legal proceedings, the statute was not implemented.