GOP-controlled Arizona House votes to repeal Civil War-era abortion ban

The Arizona House on Wednesday passed legislation that would repeal the state’s 1864 near-total abortion ban, as Republicans joined with all the chamber’s Democrats. 

Wednesday was the third attempt to vote in as many weeks, as Republicans had successfully blocked Democrats’ last two attempts.  

The bill passed 32-28. Republican state Reps. Tim Dunn and Justin Wilmeth joined Rep. Matt Gress (R) and all Democrats to pass the bill. 

Last week, Gress was the only Republican who joined House Democrats in their effort to repeal the abortion ban. Democrats need at least two Republicans to cross party lines. 

Wednesday’s vote came after House Republicans met earlier in the day to introduce legislation that could end up being another referendum on abortion for the November ballot.  

Abortion rights advocates have been gathering signatures to place a referendum on the ballot that would protect access until the point of fetal viability, or roughly 24 weeks of pregnancy. Republicans now want to introduce their own, to limit abortion at 15 weeks or potentially six weeks.  

The state Senate has already started the process of repealing the Civil War-era ban, as it voted last week in favor of a motion to introduce a repeal bill. 

If the 1864 ban were repealed, the state would revert to the 15-week ban that was invalidated by the court. 

Still, the repeal can’t go into effect until 90 days after the legislative session ends, and the session has no end date. The 1864 law will take effect June 8 at the earliest.  

The state Supreme Court’s ruling earlier this month to reinstate the 1864 ban caused a national uproar and forced a political reckoning among Republicans, many of whom have long said abortion is morally indefensible. 

The century-old law, which was passed before Arizona became a state, makes abortion a felony punishable by two to five years in prison for anyone who performs or helps a woman obtain an abortion.