Gov. Katie Hobbs (D-AZ) repealed the state’s near-total abortion ban after the Arizona Supreme Court ruled the 1864 law was enforceable.
In a stunning reversal, the Arizona House and Senate, both Republican-controlled, voted to repeal the ban. Hobbs signed it into law Thursday.
“This ban needs to be repealed,” Hobbs said. “I said it in 2022 when Roe was overturned, and I said it again and again and again as governor. But as they have for 160 years, extreme politicians came up with every excuse imaginable to maintain this draconian ban: a ban that was passed by 27 men before Arizona was even a state.”
However, the repeal will not go into effect until 90 days after the state legislature adjourns, meaning the near-total abortion ban will still take effect in the state. The Arizona legislature adjourns on May 10, which means the repeal will go into effect Aug. 8. The ban is expected to go into effect in June, so there will be overlap in which abortion is illegal in Arizona.
Abortion in Arizona now reverts back to a 2022 law, which bans the procedure after 15 weeks and makes no exceptions for rape or incest.
“Today, we are doing what 23 governors and 55 legislatures refused to do, and I am so proud to be the ones that got this job done,” Hobbs continued. “While I’m proud to sign this bill and provide a moment of relief for Arizonans, we still have work to do. Arizona women are still governed by a ban that leaves no exceptions for rape or incest, nor does it account for complications during pregnancy.”
In a 16-14 vote Wednesday, two Republican state senators joined the Democratic minority in voting to repeal the ban. In the state’s lower chamber, three House Republicans joined the Democratic minority to repeal the ban. The vote previously failed in the Arizona House twice.
“Today, we should not rest, but recommit to protecting women’s bodily autonomy, their ability to make their own healthcare decisions, and the ability to control their lives,” Hobbs said. “Let me be clear: I will do everything in my power to protect our reproductive freedoms.”
Hobbs also thanked the state’s legislators who voted to repeal the ban and Arizonans who spoke up against it. Her signature, which made the bill law, was met with cheers from those in the room.
Last month, the Arizona Supreme Court ruled an 1864 abortion ban was enforceable in the state. The law, which predates Arizona statehood, sparked outrage.
“This disastrous decision sets women’s rights in our state back two centuries and means that Arizona women have now lost the right to an abortion,” Sen. Mark Kelly (D-AZ) said in a statement.
“Arizonans should not be forced to travel out of state just to receive basic, sometimes even life-saving, health care,” Sen. Kyrsten Sinema (I-AZ) said in a statement. “Doctors and hospitals should not be punished for providing health care to their patients.”
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An abortion referendum will still be on the ballot for Arizona voters this November. The abortion rights amendment would create a “fundamental right to abortion” in the state constitution. Organizers of the ballot measure said they have enough signatures for it to be placed on the ballot this year.
“One thing is very clear: Our rights are not protected unless they are enshrined in the Arizona state constitution,” state Sen. Anna Hernandez said at the bill signing.