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Arizona Senate votes to repeal state's 1864 abortion ban statute

The motion was signed by Governor Hobbs on Thursday
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Abortion Arizona

PHOENIX — The Arizona Senate voted Wednesday to repeal the state's abortion ban statute.

The motion to repeal the ban now heads to Governor Katie Hobbs to potentially sign. Governor Hobbs is expected to sign the repeal on Thursday.

The near-total ban, which predates Arizona’s statehood, permits abortions only to save the patient's life — and provides no exceptions for survivors of rape or incest.

If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law. Still, there would likely be a period when nearly all abortions would be outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in June or July.

Several senators spoke about their motivations for voting as numbers were tallied on the repeal bill.


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“This is a clear statement that the Legislature does not want the territorial ban to be enforceable," said Democratic state Sen. Priya Sundareshan, who voted yes to repeal.

Arizona state Attorney General Kris Mayes called the vote “a win for freedom in our state,” but expressed concern that without an emergency clause, Arizonans would still be subject to the near-total abortion ban for some time.

“Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect,” she said.

Planned Parenthood filed a motion to the Arizona Supreme Court Wednesday asking the court to not issue a final order in the case, postponing the time in which the 1864 law would take effect and shortening the period in which nearly all abortions would be illegal in the state.

There were numerous disruptions from people in the Senate gallery, as Republican state Sen. Shawnna Bolick explained her vote in favor of repeal, joining with Democrats.

GOP state Sen. Jake Hoffman denounced Republican colleagues for joining with Democratic colleagues, calling it an affront to his party's principles.

“It is disgusting that this is the state of the Republican Party today," Hoffman said.

Advocates on both sides of the abortion issue arrived outside the Arizona Senate on Wednesday to emphasize their views. They included people affiliated with Planned Parenthood and faith-based groups opposed to abortion.

The battle over abortion in Arizona reignited after the State Supreme Court decided to ban nearly all abortions on April 9, reverting to an 1864 penal code. Since then, there have been multiple rallies held in the Valley as both sides speak out.

In a vote of 32-28, the Arizona House voted on April 24 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. The repeal was then sent to the Senate to consider. It now heads to Governor Hobbs, who is expected to sign it.

Hear what Governor Hobbs had to say after the House vote in April in the video player below:

One-on-one with Katie Hobbs about abortion

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.