Arizona Senate expected to vote on 1864 abortion ban repeal

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[May 01, 2024]  By Brad Brooks
 
(Reuters) - The Arizona Senate is expected to vote on Wednesday on a measure to repeal the state's 1864 ban on abortion, which could go into effect within weeks if not struck down.  

People protest in the district of Republican state Representative Matt Gress after Arizona's Supreme Court revived a law dating to 1864 that bans abortion in virtually all instances, in Scottsdale, Arizona, U.S. April 14, 2024. REUTERS/Caitlin O’Hara/File Photo

The Arizona House last week passed the measure after a handful of Republicans broke party ranks and voted with Democrats to send it to the Senate. The bill appears to have enough support to pass the upper chamber, even with Republicans holding a slim 16-14 majority.

If passed, the measure could immediately be sent to Governor Katie Hobbs, a Democrat, who has said she will sign it.

The fight over the Civil War-era abortion ban in Arizona, a state sharply split between Democrats and Republicans, is the latest flashpoint on women's reproductive rights in the U.S. In 2022 the U.S. Supreme Court ended the constitutional right to abortion, leaving it up to states to decide the issue. Conservative-led states quickly invoked strict bans on abortion within their borders.

Democrats across the U.S., confident that public opinion is on their side in supporting abortion rights, have sought to elevate the issue ahead of November's presidential election. Arizona is a key battleground state.

The 1864 law was revived by a state Supreme Court ruling on April 9, and unless the legislature intervenes, it could take effect within 60 days of that ruling, state Attorney General Kris Mayes, a Democrat, has said.

If Democrats do manage to repeal the ban, restrictions on abortion would still be in place. In 2022, Arizona passed a law that bans abortion after 15 weeks of pregnancy.

Arizona Democrats have said they will continue attempting to place a ballot measure before voters in November that would restore abortion rights.

(Reporting by Brad Brooks in Longmont, Colorado; editing by Donna Bryson and Leslie Adler)

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