The Arizona Senate voted on Wednesday to overturn the state’s 1864 abortion ban.
With a narrow margin of 16-14, the Senate approved the repeal, effectively preventing it from being enforced in the near future.
Despite the conservative landscape in the Senate, two Republican senators broke ranks with their party to endorse the repeal.
The repeal came to the Senate after several Republican members in the Arizona house defected from their party’s stance last week to secure its passage.
Governor Katie Hobbs, who is a Democrat, is expected to swiftly sign the repeal into law as a ceremonial signing is scheduled for Thursday.
In a statement, Hobbs highlighted the importance of empowering women to make personal healthcare decisions without undue political interference.
She also acknowledged that more efforts are needed to protect comprehensive reproductive healthcare access in Arizona.
Hobbs said: “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.”
The 1864 abortion ban did not give exceptions for survivors of rape or incest and only permits procedures necessary to save the patient’s life.
The ban was resuscitated following a state Supreme Court ruling on April 9, prompting concerns regarding its potential enforcement within a 60-day window.
Wednesday’s legislative session witnessed prolonged debates as lawmakers deliberated on the bill, with voting extending for over an hour.
As Republican state Senator Shawnna Bolick expressed her support for the repeal of the 1864 abortion ban, the Senate gallery witnessed several disruptions from onlookers.
Bolick’s decision to align with Democrats contrasted with the opinion of her husband, Justice Clint Bolick, who was one of the state Supreme Court judges who had voted in favor of allowing the enforcement of the 1864 abortion law.
Despite the repeal of the 1864 law, Arizona still remains subject to restrictions to reproductive rights, including a law passed by the state legislature in 2022 prohibiting abortions after 15 weeks of pregnancy.
Arizona Democrats have announced their plan to pursue alternative avenues for protecting abortion access. They plan to pursue a ballot measure in November aimed at reinstating abortion rights as part of their commitment to ensuring comprehensive reproductive healthcare for all Arizonans.
