Arizona Senate passes bill to repeal near-total abortion ban, sends it to governor

PHOENIX – A bill to repeal Arizona’s near-total abortion ban is a signature away from becoming law after the state Senate passed it on Wednesday.

Two Republicans senators, Shawnna Bolick and T.J. Shope, joined the Democratic caucus in approving a repeal bill passed a week earlier by the state House.

House Bill 2677 now goes to the desk of Democratic Gov. Katie Hobbs, who has been imploring the Legislature to pass it.

Before the 16-14 final passage, Bolick and Shope joined Senate Democrats in votes to bypass usual procedures and bring the bill to the floor immediately.

“Today, I am glad to see the Senate answered my call and voted to repeal Arizona’s 1864 total abortion ban, and I look forward to quickly signing the repeal into law,” Hobbs said in a statement. “This total abortion ban would have jailed doctors, threatened the lives of women across our state and stripped millions of Arizonans of their bodily autonomy. The devastating consequences of this archaic ban are why I’ve called for it to be repealed since day one of my administration. Thank you to Democratic members of the House and Senate for working tirelessly with me to repeal this draconian law.”

What is Arizona’s near-total abortion ban?

The near-total ban, which originated in 1864, before Arizona became a state, permits abortions only to save the patient’s life — and provides no exceptions for survivors of rape or incest.

In a ruling last month, the Arizona Supreme Court upheld the law, which says that anyone who assists in an abortion can be sentenced to 2-5 years in prison.

A 2022 statute banning the procedure after 15 weeks of pregnancy will continue as Arizona’s prevailing abortion law once the repeal goes into effect.

What happens next for Arizona abortion law after Senate passes repeal?

Even if Hobbs signs the bill, there still could be a period when nearly all abortions would be outlawed in Arizona. The bill didn’t have an emergency clause, so it won’t take effect until 90 days after the end of the legislative session.

Regardless, the near-total ban can’t be enforced before June 27, according to Arizona Attorney General Kris Mayes.

“I look forward to Gov. Hobbs signing the repeal into law as soon as possible,” Mayes said Wednesday. “However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year. Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect.”

After Wednesday’s vote, Planned Parenthood Arizona filed a motion with the Arizona Supreme court to stay the issuance of its final order on the ban now that it is being repealed.

“The Legislature has now spoken and clearly does not want the 1864 ban to be enforced. We hope the court stays true to its word and respects this long-overdue legislative action by quickly granting our motion to end the uncertainty over the future of abortion in Arizona,” Angela Florez, president and CEO of Planned Parenthood Arizona, said in a press release.

Meanwhile, advocates are collecting signatures for a ballot measure allowing abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions — to save the parent’s life, or to protect her physical or mental health. If voters pass the measure in November, it would essentially restore Arizona’s abortion law to the way it was before the U.S. Supreme Court overturned Roe v. Wade last year.

Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.

A leaked planning document outlined the approaches being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they’re pregnant.

House Republicans have not yet publicly released any such proposed ballot measures.

How did abortion ban repeal pass Arizona House?

Democrats have been scrambling to thwart the near-total abortion ban since the state Supreme Court ruled to uphold it on April 9.

Their effort picked up steam last Wednesday, when enough Republicans joined House Democrats to pass the repeal bill in that chamber.

GOP Reps. Tim Dunn and Matt Gress voted with Democrats to bring the bill to a vote, and they were joined by Republican Justin Wilmeth for the 32-28 final passage.

The Associated Press contributed to this report.

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