Democrat Arizona Governor Signs Bill Repealing 1864 Near-Total Abortion Ban

Arizona Gov. Katie Hobbs holds up the repeal of the Civil War-era near-total abortion ban,
Matt York/AP
Katherine Hamilton

Democrat Arizona Gov. Katie Hobbs quickly signed a bill on Thursday repealing an 1864 law that bans nearly all abortions — just a day the Senate passed the bill and sent it to her desk.

Two Republican state senators joined Democrats to advance the repeal on Wednesday, which passed 16 to 14. The Senate vote came a week after three Republicans voted with all 29 Democrats in the state House to pass the repeal.

“Today, we did what 23 governors and 55 legislatures refused to do and repealed the 1864 Civil War-era total abortion ban,” Hobbs said in a post to X. “I will do everything in my power to protect our reproductive freedoms, because I trust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.”

The Arizona Supreme Court issued a historic decision on April 9, ruling that the state must abide by the 1864 law, which restricts all abortions — except to save the life of the mother — and carries a prison sentence of two to five years for abortionists.

Justices heard arguments in the case, Planned Parenthood of Arizona v. Mayes/Hazelrigg, in December and were asked to consider if Arizona’s 15-week abortion limit, signed into law in March 2022, overrides the older law. While the court did not rule on the constitutionality of the 1864 law, the court issued a four-to-two decision, with one recusal, finding that the 1864 law was “enforceable” over the newer 15-week limit.

Repealing the 1864 restriction makes way for the state’s 15-week limit to remain state law.

RELATED: Democrats Tee Up Abortion Until Birth After Arizona Supreme Court Follows Law as Written

Democrats want to come after the state’s 15-week limit as well, and “plan to argue the 15-week limit and its lack of exceptions for rape and incest is still unpopular,” CNN reported, noting that Democrats also plan to target vulnerable Republicans at the state legislature level.

Pro-abortion activists in the state are also moving forward with a proposed amendment that would create a constitutional right to abortion in Arizona — a measure that would ultimately override the 15-week limit and allow for abortion up to around 24 weeks and after, under exceptions for the life and health of the mother. Arizona is one of nearly a dozen states where activists are working to codify the right to kill the unborn.

“Repealing this 1864 ban is a huge step in the right direction. But the fight isn’t over. This November, Arizonans can enshrine abortion in our state’s constitution –– and protect our rights once and for all,” Hobbs said in another post to X.

Republican lawmakers in the state are reportedly considering putting their own abortion-related proposals on the November ballot as alternatives to the one being pushed by Democrats, according to the Associated Press.

St Paul, Minnesota, Annual Pro life abortion rally. The 2023 MCCL March for Life takes an opportunity to tell elected officials that unborn children and their mothers deserve better than no-limits abortion and won’t stop working until every innocent human being is protected. (Michael Siluk/UCG/Universal Images Group via Getty)

Democrat Arizona Attorney General Kris Mayes has said the 1864 law would not be enforceable until June 27 at the earliest, due to other ongoing litigation. However, the repeal will not go into effect until 90 days after the Arizona legislature adjourns, leaving the state’s abortion landscape in a temporary limbo.

Mayes asked the Arizona Supreme Court on Tuesday to allow her office an extra 90 days to decide if it will appeal the court’s decision to the U.S. Supreme Court.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.

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