The 1864 ban on nearly all abortions has been repealed

The Associated Press

Katie Hobbs has relegated a Civil War-era ban on most abortions to the past by signing a bill Thursday to repeal it.
Hobbs says the move is just the beginning of a fight to protect reproductive health care in Arizona.
AP AUDIO: Arizona governor set to sign repeal of near-total abortion ban from 1864.
AP correspondent Donna Warder reports on a Civil War-era abortion ban that’s about to be history.
In Arizona, once the repeal takes effect in the fall, a 2002 statute banning abortion after 15 weeks of pregnancy will become the state’s prevailing abortion law.
The Supreme Court set deadlines next week for briefings on the motion.
Until then, Arizona’s near-total abortion ban had been blocked because the U.S. Supreme Court decision guaranteed the constitutional right to an abortion nationwide.
Still, the law hasn’t been carried out because it was stuck in legal limbo until the Arizona Supreme Court weighed in.


The Democratic governor of Arizona, Gov. By signing a bill on Thursday to repeal the ban on most abortions, Katie Hobbs has consigned the Civil War era legislation to the past.

Hobbs claims that the action is only the start of the battle to defend Arizona’s reproductive health care system. The recent reinstatement of the 1864 law by the state Supreme Court does not repeal it until ninety days following the end of the legislative session, which usually occurs in June or July.

Proponents of abortion rights express optimism that a court will intervene to stop what could become a confusing patchwork of laws that are introduced and then revoked for women and girls in Arizona.

With two Republican senators voting with Democrats, the Senate voted 16–14 on Wednesday to finally approve the repeal of the long-dormant law, which outlaws abortions other than those performed to save a patient’s life.

Hobbs criticized “a ban that was passed by 27 men before Arizona ever became a state, back when women weren’t even allowed to vote and when America was at war over the ownership of slaves.”. “.

During the bill signing, Hobbs stated, “This ban needs to be repealed. I said it in 2022 when Roe was overturned, and I said it again and again as governor.”.

Early in April, the Arizona Supreme Court decided to reinstate the 1864 statute that forbade rape and incest exceptions and only permitted abortions in cases where the mother’s life was in danger. A conviction and a maximum five-year prison sentence were suggested by the majority opinion for doctors.

The governor of Arizona is scheduled to sign a bill repealing the 1864 law that virtually outlawed abortion.

One Civil War-era abortion ban is set to expire soon, according to AP correspondent Donna Warder.

In retaliation, Democrats, who make up the minority in the Legislature, worked with a few Republicans in the House and Senate to move a repeal to Hobbs’ desk in a matter of weeks.

During the signing ceremony, a large group of lawmakers, the majority of whom were female, participated in celebratory gestures such as taking selfies and congratulating one another.

The scene was a stark contrast to the lengthy Senate vote on Wednesday, during which Republicans gave detailed, emotional, and even biblical explanations of their reasons for supporting the bill. These included graphic details of abortion procedures and amplified audio recordings of a fetal heartbeat.

A nationwide initiative supporting abortion rights in South Dakota, meanwhile, gathered far more signatures than necessary to be included on the ballot this fall. After six weeks of pregnancy—before many women even realize they are pregnant—a ban on most abortions was implemented in Florida.

A 2002 statute that outlaws abortions after 15 weeks of pregnancy will become Arizona’s standard abortion law once the repeal goes into effect in the fall.

Depending on who is asked, the 1864 law may or may not be implemented in the upcoming months. The anti-abortion organization Alliance Defending Freedom, which is supporting the ban, says county prosecutors can start implementing it as soon as the Supreme Court’s ruling becomes final, which hasn’t happened yet.

In a move submitted on Wednesday, Planned Parenthood Arizona requested that the court keep the abortion services running unhindered until the repeal takes effect. Kris Mayes, the Democratic attorney general, has also gotten involved in that.

For the motion’s briefs, the Supreme Court established deadlines for next week.

On Thursday, former Democratic state Rep. Three years prior to Roe v. Wade, Athena Salman rejoiced over the passage of the repeal that she had first suggested in 2019. Wade was reversed.

Up until that point, Arizona’s nearly complete abortion ban had been stopped by the U. S. National access to abortions was ensured by a Supreme Court ruling. Republican Attorney General Mark Brnovich quickly argued in favor of implementing the 1864 prohibition.

However, because the law was in legal limbo until the Arizona Supreme Court weighed in, it hasn’t been implemented.

Salman, who left her position to head an organization supporting abortion rights in January, claimed she couldn’t stop worrying about what the repeal would mean for her daughters.

She declared, “The limitations and interference that we have had to endure will not have to be endured by future generations.”.

Arizona Rep. Having grown up on the Navajo Nation, where her parents were educators, Stephanie Stahl Hamilton, a Democrat who played a significant role in overturning the ban, said she witnessed firsthand the denial of reproductive rights to people. Based on the Hyde Amendment, which prohibits the use of federal funding for abortions except in cases of rape, incest, or threats to the patient’s life, the Indian Health Service is the primary option for healthcare on the reservation.

She added that she had also seen her sister-in-law struggle through two challenging pregnancies: a nonviable one in which “they had to make the heartbreaking decision to terminate that pregnancy, because there was no brain development,” and one that ended in a stillbirth. “.

The campaign team for President Joe Biden believes that voters’ ire over the overturning of Roe v. In swing states like Arizona, where he defeated former President Donald Trump by roughly 10,000 votes, Wade gave him the political upper hand.

Republican leaders disagree on this issue.

As Republican legislator Shawnna Bolick discussed why she voted in favor of the repeal on Wednesday, she was heckled and interrupted by spectators in the Arizona Senate gallery.

More generally, Republican legislators are thinking about placing one or more abortion-related ballot initiatives in November. Attempts to preserve the patient’s life or safeguard her physical or mental well-being may compete with Democratic-backed attempts to codify access to abortion in the state constitution, which would allow the procedure to continue until a fetus could survive outside the womb, usually around 24 weeks, with certain exceptions.

Dr. Removing the law is a good thing for patients who would otherwise have to travel outside of Arizona for medical care, according to Ronald Yunis, an obstetrician-gynecologist and abortionist located in Phoenix.

This is beneficial in that it will prevent women from needlessly traveling to other states in order to receive the necessary medical care, according to Yunis. Because I have a great deal of faith in our governor and attorney general, I wasn’t overly concerned. They will definitely not stop looking for ways to shield women.

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