PHOENIX (CN) — A near-total abortion ban dating back to before the end of the Civil War will no longer hang over the heads of Arizonans.
After nearly a month of political squabbling in the state Legislature, Democratic Governor Katie Hobbs on Thursday afternoon signed a bill to repeal the recently reenacted ban. The bill returns Arizona to its previous legal regime, under which abortion is legal until around the 15th week of pregnancy.
“Almost a month ago, I stood in this very room, detailing the dangers of the Arizona Supreme Court’ decision to uphold the 1864 total abortion ban,” Hobbs said before signing the bill. “In the weeks since, we have seen women and healthcare providers suffer from chaos and confusion."
"I’ve heard from doctors who were unsure if they’d wind up in a jail cell for simply doing their job," Hobbs added. "Women don’t know if it's safe to start a family in Arizona.”
Written in 1864, the now-repealed ban contained no exceptions for rape or incest and allowed abortions only if the mother's life was in imminent danger.
Known as the territorial ban, it was enacted decades before Arizona was a state or before any women could vote.
After laying dormant for decades, the law became viable again following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. That decision overturned 50 years of precedent set by the high court’s decision in Roe v. Wade, instead returning decisions on abortion rights to states.
After two years of litigation, the Arizona Supreme Court revived those restrictions in a 4-2 decision in early April. But now, the territorial ban is dead again.
“Today, we are doing what 23 governors and 55 legislatures refused to do," Hobbs said. "I’m so proud to be the ones that got this job done."
Though Hobbs signed the repeal bill Thursday, the old ban won’t be removed from the books until 90 days after the end of this year’s legislative session. The session was supposed to end in mid-April but will likely creep far into the summer given the Legislature’s ongoing failure to address the state’s budget crisis.
Similarly, though the state Supreme Court reinstated the territorial ban on April 9, it isn’t slated to take effect until June. In an apparent attempt to delay enforcement, Democratic Arizona Attorney General Kris Mayes asked the high court this week to stay its enforcement for another 90 days while she considers asking the U.S. Supreme Court to review the state court’s ruling. A spokesperson for Mayes said Thursday afternoon that she is still awaiting a decision on that motion.
State Senator Anna Hernandez, a Democrat from Phoenix, said she expects Republicans to attempt delay tactics to keep the legislative session active for as long as possible. That could in turn delay the ban’s repeal.
Asked how Democrats will fight those delay tactics, she said lawmakers would "try to work within the rules."
Given the repeal delay, there will most likely be some time this year in which the territorial ban is enforceable.
AG Mayes, who wasn’t at Thursday’s press conference, has already vowed not to enforce abortion bans against those seeking or providing care. She will be emboldened in those efforts by an executive order Hobbs issued last year, which stripped county attorneys of their power to prosecute abortion crimes and instead placed that power in Mayes' office.
This repeal will return the state's abortion laws to a post-15 week ban that has been in place since 2022.
Neither side is thrilled about that. Republicans say that’s too much time to allow a fetus to develop into a baby, while Democrats say that isn’t enough time for an expecting mother to make an informed decision. The post-15 week ban also does not include exceptions for rape or incest. Hobbs has called both laws draconian.
To avoid an undesirable compromise, Democrats are pushing for a ballot initiative that would ensure abortion rights to all Arizonans.
“Our rights are not protected unless they are enshrined in the Arizona state constitution,” said Hernandez, the Phoenix Democrat. “We have no time to let our guard down.”
Republicans, including state Senator Jake Hoffman of Queen Creek, have repeatedly mischaracterized that initiative as allowing “unlimited abortion up until the time of birth.” In fact, the initiative would only allow abortions up to the point of fetal viability, defined as the age at which a fetus can reasonably survive outside of the uterus.
That point of viability typically occurs around 23 or 24 weeks into a pregnancy. Unlike the other restrictions, the initiative would also include exceptions to protect the physical or mental health of the mother.
Though most Republicans remain staunchly opposed to abortion under most circumstances, five Republicans in the House and the Senate did vote alongside Democrats to repeal the ban.
Hobbs was unimpressed. “This is nothing more than political opportunism,” she said of those dissenting Republicans. She noted the lawmakers have voted for more restrictive measures in the past.
Republican state lawmakers don't represent the will of average Arizonans, Hobbs added at the bill-signing.
“Across the state, abortion is a bipartisan issue," Hobbs said. "Regardless of party, ethnicity, Arizonans support access to abortion.”
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