Arizona’s 1864 abortion ban is officially off the books

PHOENIX (AP) — Arizona’s Civil War-era ban on nearly all abortions officially is being repealed Saturday.

The western swing state has been whipsawed over recent months, starting with the Arizona Supreme Court deciding in April to let the state enforce the long-dormant 1864 law that criminalized all abortions except when a woman’s life was jeopardized. Then state lawmakers voted on a bill to repeal that law once and for all.

Democratic Arizona Gov. Katie Hobbs signed the bill in May, declaring it was just the beginning of a fight to protect reproductive health care in Arizona.

“I will continue doing everything in my power to protect reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office,” Hobbs said in a statement.

Abortion has sharply defined Arizona’s political arena since the U.S. Supreme Court overturned Roe v. Wade in 2022. As the November general election approaches, the issue remains a focus of Democratic campaigns, and it will be up to Arizona voters to decide whether to enshrine the right to abortion in the state constitution.

The road to repeal

It was after the state Supreme Court cleared the way for enforcement that Hobbs urged the state Legislature to take imminent action to undo the ban before it went into effect. Republican lawmakers, who hold a narrow majority in both chambers, derailed discussions about repealing the ban. At one point, the roadblocks resulted in chants of “Shame! Shame!” by outraged Democratic colleagues.

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