PHOENIX — In a vote of 32-28, the Arizona House has voted to repeal the state's abortion ban statute. Three Republicans, Matthew Gress, Justin Wilmeth, and Tim Dunn, joined with all House Democrats in voting yes Wednesday afternoon.
The motion to repeal the ban now heads to the Senate.
The battle over abortion in Arizona reignited after the State Supreme Court decided to ban nearly all abortions on April 9, reverting back to an 1864 penal code. Since then, there have been multiple rallies held in the Valley as both sides speak out.
Lawmakers had previously blocked multiple attempts to vote on a repeal of the abortion ban from 1864. That changed Wednesday when the three Republican lawmakers chose to vote with Democrats.
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Following the state House's vote, Governor Hobbs released the following statement:
“Today, I am glad to see the House follow my calls to repeal the archaic 1864 total abortion ban that could jail doctors and endanger the lives of women in Arizona. I’m thankful to House Democrats who worked relentlessly for years to repeal this draconian ban. Now, the Senate must do the right thing and send this repeal to my desk.
“Make no mistake about it, radical legislators got what they wanted with the 1864 total abortion ban. I have had to veto legislation attacking women’s rights and threatening access to IVF, and this legislature still refuses to take action to guarantee access to contraceptives.
“As long as I am Governor, I will do everything in my power to protect and expand reproductive freedom, and I will continue to serve as a backstop to the harmful legislation being pushed by extremists in an attempt to control women’s bodies. But there is more that needs to be done. I encourage every Arizonan to make their voice heard at the ballot box this November as Arizonans decide on enshrining reproductive freedoms in our state’s constitution.”
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Attorney General Kris Mayes also provided the following statement:
"I am grateful that sanity prevailed in the Arizona House today with the repeal of the draconian, near-total 1864 abortion ban. That 160 year-old-law that criminalizes doctors and nurses for caring for their patients and endangers the lives and health of woman across our state has no place in in the 21st century. I call on the Senate to quickly follow suit and join the House in repealing this law. Unfortunately, without an emergency clause that would allow the repeal to take effect quickly, we may still be looking at a period of time when the 1864 could potentially take effect. My office continues to look at every legal option available to prevent that from ever happening."
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Arizona House Speaker Ben Toma released the following statement after the vote:
“I am deeply disappointed. As I have said before, Democrats apparently believe that abortions should occur with no limits and no regulations.
“We should not have rushed this bill through the legislative process. The pre-Roe law has been on the books for decades and was readopted in 1977 by Democrats and Republicans in the State Legislature and signed by Democrat Governor Raul Castro.
“It would have been prudent and responsible to allow the courts to decide the constitutionality of the pre-Roe law. Instead, we are rushing to judgment for reasons I simply cannot understand.
“I fervently disagree with my Democrat colleagues who advocate for extremism through unlimited, unrestricted, and unregulated abortions. Abortions are not healthcare. Abortion kills life. Abortion kills the most vulnerable members of our society. Just because the mother of that child may not want that child, does not mean that the child is not precious and have inherent value.
“Again, the chaos, outburst, personal attacks, and lack of decorum we saw from the Democratic side of this aisle—displayed on the House Floor two weeks ago—is completely unacceptable. This institution is a legislative body. We must be able to respectfully disagree and debate policy while we make critical decisions for the people of Arizona. This chamber must be one of respective deliberation and consideration, and I ask all my colleagues to behave with the respect that this institution deserves.
“I feel compelled to reiterate my personal view that this decision to repeal the abortion ban in Arizona effectively means that we are allowing the murder of unborn children up to 15 weeks of pregnancy.
“I call on Governor Hobbs to rescind her executive order stripping county attorneys of their authority to prosecute abortion-related crimes. But I am not optimistic that she or Attorney General Mayes will uphold the will of the people or the rule of law. Democrats are pushing radicalism and will not relent until Arizona recognizes abortion on demand and abortion through 9 months of pregnancy.
“Arizonans do not want abortions on demand, partial birth abortions, abortions for children without parental consent, or dangerous abortions that jeopardize the health of pregnant women and their children. And most Arizonans do not support the killing of unborn children up to 15 weeks. I vote no.”
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Take a look at this map to see where abortions are banned, legal and in limbo, across the United States.
This is a developing story. Stay with ABC15 and abc15.com for the latest developments.
