The third time’s the charm: After two previous failed attempts, the Arizona House finally passed a bill Wednesday to repeal a near-total abortion ban from 1864 that the state Supreme Court revived this month.
The bill narrowly passed the House on its third try, with three Republicans joining their Democratic colleagues to vote for repeal.
Arizona Democrats have been pushing for legislation to repeal the Civil War-era ban since the state Supreme Court ruled April 9 that it was enforceable. The ruling has been deeply unpopular nationally — even prominent Republicans like Donald Trump have criticized it as too extreme — and it has highlighted the deep divergence in views over abortion between conservative lawmakers and voters, especially in battleground states like Arizona.
Still, Republicans in the state House refused to allow the bill to pass on the first two votes — until Wednesday.
During debate, some Republicans said they would not be swayed from their opposition to the repeal, despite voter backlash. “We’re willing to kill infants in order to win an election,” GOP state Rep. Alexander Kolodin said, mischaracterizing fetuses as infants. Arizona’s previous 15-week ban would go back into effect if the 1864 ban is repealed.
The repeal bill now heads to the state Senate, where Republicans also hold a slim majority. Democrats need at least two GOP senators to vote with them to pass it. The Washington Post, citing unnamed legislative staffers, reports that the earliest the Senate could vote on the House’s measure is May 1, although it has been advancing a repeal of its own. The near-total ban is not set to go into effect until June 8 at the earliest.
Gov. Katie Hobbs, a Democrat, has said she would sign the repeal bill if it lands on her desk. In a statement, she praised House Democrats and encouraged the Senate to pass it. She added, “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.” Abortion-rights advocates are also expected to put a proposal for a constitutional amendment to secure abortion rights on the November ballot.
