Arizona Legislature Passes Repeal Of 1864 Abortion Ban

The Arizona Senate on Wednesday voted to repeal the 1864 near-total abortion ban that the state Supreme Court greenlighted in a shock ruling last month.

The state Senate passed the repeal in a close vote, 16-14, with two Republicans voting to repeal the near-total ban. The state House voted to repeal the ban last week, and Gov. Katie Hobbs (D) is expected to sign the repeal immediately.

While the vote is a huge turning point for abortion rights advocates in the state, the ban will unfortunately still be in effect for a window of time. The abortion ban, which predates Arizona’s statehood, bans nearly all abortions except for when the pregnant person’s life is at risk. It also carries a felony punishment of two to five years in prison for providers.

Despite the repeal, the near-total abortion ban will go into effect — likely as early as June 27, according to the state’s Attorney General Kris Mayes (D). The repeal, once signed by Hobbs, will not go into effect until 90 days after the current legislative session ends. The legislative session doesn’t have a specific end date; in past years the session has ended in late June, but in 2023 the session didn’t end until August. The near-total abortion ban could potentially be in effect through the summer and fall, possibly even through the general election in November.

Mayes has vowed to not enforce the abortion ban during the window it’s in effect.

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