Arizona’s near-total ban on abortion first created in 1864 and re-codified in 1977 is now officially no longer on the books before it ever went into effect.
The repeal was signed in the spring, but like other legislation that does not contain an emergency clause, it takes 91 days after the session’s conclusion for the bill to take effect.
Democratic Gov. Katie Hobbs, who signed the repeal, touted the law’s end in a statement on Saturday.
“After weeks of hard work and strong partnership of legislative Democrats, I was able to do what 23 Governors before me would not, or could not, and repealed Arizona’s total abortion ban,” the governor stated.
“But we should not rest on our laurels. Arizonans continue to live under an extreme abortion ban with no exceptions for victims of rape and incest. I will continue doing everything in my power to protect reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office,” Hobbs continued.
Earlier this year, the Arizona Supreme Court ruled that a stay could be lifted on the law over a 2022 law signed by former Republican Gov. Doug Ducey. That law, which is currently in effect, allows an abortion until 15 weeks unless a mother’s life is at risk. The legislation was signed just months before the overturning of Roe v. Wade, which brought the issue almost entirely to the states.
After several tense weeks at the state legislature, the bill ultimately went through with all Democrats and some Republicans voting to scrap the old law.
“So today’s a sad day for Arizona, but it’s especially a sad day for protecting the lives of unborn children and the protecting women from the harms of abortion,” Cathi Herrod, president of Center of Arizona Policy, told The Center Square when the repeal was passed in April.
Opponents of the near-total ban were pushing for the session to wrap up at least 91 days before Sept. 27 to make sure that there was no time period where the ruling would go into effect.
On the ballot in November, Arizonans will have the choice to keep the 15-week law in place for expand abortion access in the state’s constitution up until “fetal viability” as critics warn the proposal could permit abortion beyond that point with certain exceptions outlined in the amendment’s language.
