Arizona House of Representatives Votes to Overturn 1864 Abortion Ban

The Arizona House of Representatives made a historic decision on Wednesday to overturn the state’s 160-year-old abortion ban, a move that could have significant implications for reproductive rights in the state. The vote comes after two failed attempts to bring the bill to the floor last week, with Arizona GOP candidates in competitive races scrambling to distance themselves from the state Supreme Court ruling that upheld the ban.

If the repeal legislation is passed by the state Senate and signed by Democratic Gov. Katie Hobbs, Arizona’s 15-week restriction on abortions will remain in place. However, if the repeal fails, the 1864 law could take effect as early as June 8, making Arizona one of more than a dozen states that bans abortion at virtually all stages of pregnancy with few exceptions.

The Civil War-era abortion ban dates back to before statehood, when Arizona was a territory, and was codified in 1901. It remained in effect until 1973 when it was blocked by a court injunction following the Roe v. Wade decision. Abortion rights advocates are now working to place a constitutional amendment on the state’s November ballot to protect abortion access up to fetal viability, which doctors believe is around 22 to 24 weeks of pregnancy.

Prior to the House vote, the chamber’s rules committee approved the late introduction of three House resolutions, believed to be Republican-backed ballot measures designed to compete with the abortion rights amendment. The outcome of these legislative actions could have far-reaching consequences for reproductive rights in Arizona and beyond.