Arizona House Moves To Repeal Civil War-Era Abortion Ban Weighing Down GOP in Key Swing State

The 1864 abortion ban may still go into effect this summer, however, because the repeal, if passed, would not go into effect until 90 days after the legislative session ends.

AP/Ross D. Franklin
The historic Arizona Capitol building at Phoenix. AP/Ross D. Franklin

The Arizona House voted Wednesday to repeal the state’s Civil War-era abortion ban, sending the measure to the state Senate, which is expected to begin considering the measure next week.

The House voted 32 to 28 in favor of repealing the measure, with three Republicans — representatives Tim Dunn, Justin Wilmeth, and Matt Gress — joining Democrats to repeal the measure.

The 1864 abortion ban may still go into effect temporarily this summer, however, because the repeal, if passed, would not go into effect until 90 days after the legislative session ends.

Democrats, who have repeatedly introduced measures to repeal the ban since the state Supreme Court ruled it should go into effect earlier this month, highlighted that “an unpopular and dangerous 15-week abortion ban remains” in a statement from the Democratic Legislative Campaign Committee press secretary, Sam Paisley.

Since the state Supreme Court ruling allowing the law to go into effect, Arizona state Republicans have faced pressure from anti-abortion rights activists in the state to keep the 160-year-old law on the books.

At the same time, Republicans seeking statewide office in the state — like TV news host Kari Lake, who is running for the U.S. Senate — denounced the law after the state Supreme Court ruling, though she had previously praised the ban.

Ms. Lake has since appeared to flip positions on the ban yet again, saying in an interview with the Idaho Dispatch this week that ““We don’t have that law, as much as many of us wish we did.”

“The Arizona Supreme Court said this is the law of Arizona. But unfortunately, the people running our state have said we’re not going to enforce it,” Ms. Lake said.

A ballot measure that would protect Abortion rights up to the point of fetal viability is expected to be on the ballot in the state in 2024.


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