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Arizona Legislature Repeals 160-Year-Old Abortion Ban

Attorney General Kris Mayes (Via Kris Mayes/Twitter)

The Arizona legislature has approved the repeal of a nearly 160-year-old ban on nearly all abortions, which would completely outlaw the procedure if not signed into law by Democratic Governor Katie Hobbs. The measure, which was approved in a 16-14 vote in the Senate, would repeal the Civil War-era ban and replace it with a 2022 law that bans the procedure after 15 weeks of pregnancy. While Democratic and some Republican lawmakers voted in favor of the repeal, others, including Vice President Kamala Harris, denounced the lengthy ban and the lack of exceptions for rape or incest.

The ban, which was put back into effect by the Arizona Supreme Court, criminalizes doctors who assist in an abortion and makes virtually all abortions illegal. If the repeal is signed into law, Planned Parenthood officials vowed to continue providing abortions for the short time they are still legal and to help patients travel out of state to access abortion.

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The approval of the repeal comes as advocates on both sides of the abortion issue arrived outside the Arizona Senate to emphasize their views. Some, including a school-age girl who kneeled in prayer in front of a statue of the Virgin Mary, expressed opposition to abortion, while others, including a man with a megaphone, shouted at passersby to repent.

Republican politicians, in turn, are considering putting one or more competing abortion proposals on the November ballot, including measures that would codify existing abortion regulations, propose a 14-week ban, or prohibit abortions after six weeks of pregnancy. House Republicans have not yet publicly released any such proposed ballot measures.

Democratic lawmakers, including Governor Hobbs, applauded the repeal, saying it was essential for protecting women’s lives and reproductive healthcare. Hobbs expressed a desire to quickly sign the repeal into law, saying that Arizona women should not have to live in a state where politicians make decisions that should be between a woman and her doctor.

Arizona state Attorney General Kris Mayes, while supportive of the repeal, expressed concern that the measure does not include an emergency clause, which would allow it to take effect immediately. Mayes said that she is exploring every option available to prevent the 160-year-old law from taking effect and pledged to continue advocating for the protection of reproductive healthcare in the state.