The Arizona Senate has taken a significant step by voting to repeal the long-standing near-total ban on abortion, which dates back to 1864. In a recent decision by the state Supreme Court, this ban was upheld. Two Republicans joined the vote for the repeal, which now awaits the signature of Democratic Governor Katie Hobbs. Although immediate action is not anticipated, as indicated by a spokesperson who confirmed that Governor Hobbs will not sign the bill on Wednesday.
The contentious law in question criminalizes any attempt to induce a miscarriage, barring life-saving interventions for the woman. No exceptions for cases of rape or incest are included in this legislation. According to this law, those who administer or attempt to procure an abortion face a penalty of imprisonment for two to five years.
Despite the Senate’s actions, the reality is that the repealed ban will not formally come to an end until 90 days post the current legislative session, as noted by the Huffington Post. This could potentially clash with the preferences of the majority of Arizonans who are in favor of abortion access, as indicated by previous polling.
Arizona Attorney General Kris Mayes expressed eagerness for the prompt signing of the bill by Governor Hobbs. Nevertheless, the absence of an emergency clause implies that the antediluvian near-total ban could still impact Arizonans for some time in 2021. Mayes committed to proactive efforts to ensure that the 160-year-old statute does not come into force.
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FAQ Section
- What was the old Arizona abortion law about?
The old Arizona abortion law was an 1864 statute that essentially implemented a near-total ban on abortion, without exceptions for rape or incest, punishable by a mandatory minimum of two years’ imprisonment. - Who voted to repeal the law?
The repeal was passed by the Arizona Senate, including two Republican members who voted in favor. - When will the repeal of the ban go into effect?
The repeal will not take effect until 90 days after the current legislative session comes to an end. - Does Governor Katie Hobbs support the repeal?
Yes, Governor Katie Hobbs supports the repeal, although she has not immediately signed the bill into law. - What is the public opinion on abortion access in Arizona?
According to previous polls, a significant majority of Arizonans support protecting access to abortion. - Is there an emergency clause in the repeal?
No, there is no emergency clause, which means the repeal will not go into effect immediately after its signing.
Conclusion
The Arizona Senate’s action to repeal the state’s historic near-total abortion ban is a step towards aligning state laws with the current views held by many Arizonans. Despite the legislative victory, the absence of an emergency clause in the bill’s language means the fight for reproductive rights in Arizona will continue as advocates and officials seek to prevent the enforcement of the archaic law. All eyes are now on Governor Katie Hobbs who is expected to sign the bill, ultimately sealing the fate of the 1864 statute in Arizona’s legal history.
