Arizona Legislative Senate Dems Lead Repealing Civil War Era Ban on Reproductive Freedom

On the day Floridian women saw their reproductive freedom severely curtailed with a six week ban on abortions going into effect, the Arizona State Senate, with uniamious Democratic support, repealed the Civil War era ban on reproductive freedom.

Only Republicans Shawna Bolick and T.J. Shope supported the repeal.

The repeal will go into effect 90 days after the end of the legislative session. Unless other legal avenues to expedite the triggering of the repeal are successful, the Civil War Ban will remain for that time period.

Reaction has been swift to the repeal.

With the repeal headed to Governor Katie Hobbs desk, the 15 week Abortion ban with no exceptions for rape, incest, or severe deformity of the fetus, is still in effect.

Vice President Kamala Harris issued a campaign press release that read:

“Across the country, women are living in a state of chaos and cruelty caused by Donald Trump. What is happening in Arizona is just the latest example. While Arizona Democrats have worked to clean up the devastating mess created by Trump and his extremist allies, the state’s existing ban, with no exception for rape or incest, remains in effect.”

“Donald Trump is the architect of this health care crisis in Arizona and across the country – he’s said so himself. He boasts that he is ‘proudly the person responsible’ for overturning Roe. He said in an interview published just this week that states should be allowed to monitor women’s bodies and to ‘punish’ women. And he’s ready to go even further by banning abortion nationwide — with or without the help of Congress.

“We cannot allow these attacks on reproductive freedom to stand. Joe Biden and I will never stop fighting for reproductive freedom. And together, we will defeat Donald Trump and his extreme agenda this November.”

Arizona Governor Katie Hobbs issued a statement that said:

“Today, I am glad to see the Senate answered my call and voted to repeal Arizona’s 1864 total abortion ban, and I look forward to quickly signing the repeal into law. This total abortion ban would have jailed doctors, threatened the lives of women across our state and stripped millions of Arizonans of their bodily autonomy. The devastating consequences of this archaic ban are why I’ve called for it to be repealed since day one of my administration. Thank you to Democratic members of the House and Senate for working tirelessly with me to repeal this draconian law.

“I will never stop fighting to protect reproductive freedom. Arizona women should not have to live in a state where politicians make decisions that should be between a woman and her doctor. While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare in Arizona. I will continue to call on the legislature to pass the Arizona Right to Contraception Act and protect IVF from ongoing attacks. And I encourage every Arizonan to make their voices heard this November when abortion rights will be on the ballot.”

She also posted on social media:

I’m glad to see the Senate answered my call and voted to repeal the 1864 total abortion ban. While this is essential to protecting women’s health, it is just the beginning.

I will never stop fighting for women’s reproductive freedoms.

— Governor Katie Hobbs (@GovernorHobbs) May 1, 2024

Arizona Attorney General Kris Mayes commented:

“Today’s vote by the Arizona Senate to repeal the draconian 1864 abortion ban is a win for freedom in our state. I look forward to Governor Hobbs signing the repeal into law as soon as possible. However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year. Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect.”

Arizona Democratic Party Chairperson Yolanda Bejarano offered:

“This repeal was only possible because of Democrats and with a Democratic majority in the legislature, we would have delivered a repeal on day one– not day 22. MAGA Republicans have spent the past three weeks lying about their stance on abortion and doing everything in their power to restrict abortion access. While we are proud of this progress, we can’t let up now– the only way to protect our reproductive rights in the future is to win the legislature and the White House in November.”

State Senator and Arizona Democratic Legislative Campaign Committee (ADLCC) Co-Chairperson Priya Sundareshan wrote:

“Democrats in the House and Senate delivered the repeal of the 1864 ban, despite Republicans attempts to stall, confuse voters, and lie about their records. Make no mistake, with a Democratic majority in the legislature we would have repealed this ban on day one. We need to flip the legislature so we can codify abortion access and stop Republicans from interfering in our medical decisions ever again.”

State Senators Anna Hernandez and Eva Burch issued a joint statement following the vote.

Hernandez stated:

“Arizonans have been begging the legislature to take actions since the Supreme Court’s ruling on April 9. Since then, the legislative Republicans have continuously ignored their constituents who overwhelming support the right to choose, and blocked Democrats attempts to bring legislation forward that would repeal the ban until last week. I’m glad that today we were able to continue the House’s momentum and give HB2677 the votes it needs to get to the governor’s desk and be signed into law. While today was a step towards ensuring our right to choose and protecting our access to abortion in Arizona, this is not the end. We must continue to fight until our rights are guaranteed in the constitution.”

Burch relayed:

“This is one step toward protecting pregnant patients in Arizona and ensuring that the will of the people is the most important driving force in our proceedings. We are facing a new challenge now. Republican leaders have already begun to spread disinformation about the efforts being made to protect abortion rights in Arizona. Voters will make their own decision, and they deserve to have a clear and honest understanding of their options once this total ban is repealed. We must remember that when laws are put in place to protect abortion access in Arizona, they will be challenged. Those challenges will go right back to the same Arizona Supreme Court that upheld this dangerous Civil War era ban. We must focus our efforts on honesty, transparency, and upholding the will of the people in the Arizona House and Senate.”

House Democratic Leader Lupe Contreras conveyed:

“The job’s been done, and it’s a proud day for our state and our Democratic team. This repeal is what the people want. The vast majority of Arizonans and the majority of Americans have asked for this. We know this is not the finish line, but this is a step in the right direction, and a step that will save lives.”

Stephanie Stahl Hamilton wrote:

“I’m grateful to sponsor the bill and proud to stand with my Democratic colleagues to repeal the 1864 total abortion ban because it means the people of Arizona will not have their lives and private medical decisions subjected to this brutal and archaic law.The 15-week ban that remains is still a ban, and we have important work ahead to fully restore reproductive freedom in Arizona, but this repeal was the right thing to do and it will save lives.”

The fight for those who support reproductive freedom is not over.

The initiative to enshrine the right to abortion access into the State Constitution will likely make the November ballot.

A similar amendment has widespread support in Florida.

With Donald ‘I killed Roe v Wade’ Trump telling Time Magazine reporters that state governments (Welcome to Gilead) should have the right to monitor pregnancies if they choose, it is important that people do not lose sight of the political goal post this November and not allow these stringent abortion bans to remain in effect or elect political figures that would support them.