By JACQUES BILLEAUD (Associated Press)
PHOENIX (AP) — Arizona Senate Democrats have paved the way to vote on a proposed repeal of the state's almost complete ban on abortions after the state's highest court affirmed that the law can be enforced law can be enforced and the state House rejected efforts to nullify the long-dormant statute.
Even though no vote was taken on the repeal itself, Republican Sens. T.J. Shope and Shawnna Bolick stood with 14 Democrats in the Senate on Wednesday to change rules and allow the repeal proposal to move forward after the deadline for hearing bills had passed. Supporters say the Senate could vote on the repeal as early as May 1.
If the proposed repeal receives final approval from the Republican-controlled Legislature and is signed into law by Democratic Gov. Katie Hobbs, the 2022 law banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law.
The Senate's action came after Republicans in the Arizona House, for the second time in a week, blocked efforts on Wednesday to bring a repeal bill to a vote. One Republican joined 29 Democrats in the Arizona House to bring the repeal measure to a vote Wednesday, but the effort failed twice on 30-30 votes.
The state's almost complete ban, which predates Arizona's statehood, allows abortions only for saving the woman's life and offers no exceptions for rape or incest. It carries a sentence of two to five years in prison for doctors or anyone else who aids in an abortion.
Last week, the Arizona Supreme Court significantly changed the legal landscape for ending pregnancies in the state, determining the 1864 law can be enforced and suggesting doctors can be prosecuted under the statute.
The debate in the House over whether to allow a vote on the repeal proposal was much fierier than in the Senate. Members from pro-life groups packed the House's gallery and gave a standing ovation after efforts to bring the repeal bill to a vote was defeated.
House Speaker Ben Toma said those wanting to repeal the law were demanding action too soon, noting the court decision to revive the law came only a week ago. He said the only way he would bring the repeal bill to a vote would be if his fellow Republicans wanted it.
“We have deeply held beliefs,” Toma said. “And I would ask everyone in this chamber to respect the fact that someone wants to believe that abortion is in fact the murder of children.”
Democratic Rep. Alma Hernandez of Tucson said Republicans are failing to act on a matter of great importance to Arizonans. “This is what we are arguing about right now: whether or not we should overturn something that is archaic, something that is going to really impact women in Arizona,” Hernandez said. “And yet we want to talk about a process or the right process.”
Rep. Matt Gress, the Phoenix Republican who joined with Democrats in trying to bring the repeal measure to a vote, said the 160-year-old law doesn't reflect the values of most people living in the state.
“We need to get that taken care of and get it taken care of as soon as possible,” Gress said. “I think the eyes of the nation are on Arizona.”
Hobbs, who wants to get rid of the law, said that the Republican extremists in the House have failed to do the right thing. In just a week living under this new reality, women, doctors, and healthcare providers have already started to feel the terrible effects of living under a total abortion ban. We cannot continue like this.
The Center for Arizona Policy, a long-time supporter of anti-abortion proposals before the Legislature, stated that today was a victory for life, even if only temporarily. Most lawmakers who support pro-life kept their promise today to protect the unborn and their mothers and not revoke Arizona’s pre-Roe law.
The law from the Civil War era had been stopped since the U.S. Supreme Court’s 1973 Roe v. Wade decision ensured the constitutional right to an abortion nationwide.
After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, convinced a state judge to remove an injunction that blocked enforcement of the 1864 ban. Brnovich’s Democratic successor, Attorney General Kris Mayes, encouraged the state’s high court to resist it.
The state’s highest court said enforcement of the 1864 law will not be stopped.
