Arizona Gov. Katie Hobbs signed legislation Thursday repealing a long-dormant near-total ban on abortion that was recently reinstated by the state Supreme Court, sparking controversy and debate generalized.
Hobbs’ signature will reverse the impending reactivation of the restrictive abortion law that dates from 1864 – but it won’t do so immediately.
Instead, the ban, which was ruled enforceable last month by the Arizona Supreme Court in light of the U.S. Supreme Court’s overturning of Roe v. Wade in 2022, cannot be overturned by the new repeal law until 90 days after the Arizona Legislature adjourns. its session by the end of June.
However, the Civil War-era law, which bans almost all abortions except for women whose lives are in danger, is scheduled to take effect June 27, Arizona’s attorney general said.
Hobbs, a Democrat, told ABC News earlier this week that she was “hopeful” that the legislative adjournment would come “in the next few weeks.” The three-month delay before the repeal took effect could then create a two- or three-month gap during which the 1864 ban would come into effect.
“I will do everything in my power to delay the implementation of the ban,” the governor said.
Arizona Attorney General, Democrat Kris Mayes, asked the state Supreme Court on Tuesday to stay his order reinstating the 1864 law.
Members of Arizona for Abortion Access, the ballot initiative to enshrine abortion rights in the Arizona State Constitution, hold a protest condemning Arizona House Republicans and the ban of 1864 abortion in Phoenix, Arizona on April 17, 2024.
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Planned Parenthood filed a similar request Wednesday that cites “legislative deference,” the principle the court used to justify reinstating the ban. The women’s health advocacy group says it should defer to the will of the Legislature after the repeal passes, with a handful of Republicans joining the state’s Democratic minority.
Once the 1864 ban is repealed, a separate 15-week ban, which also makes no exceptions for rape or incest, will go into effect in the state.
Abortion rights activists said they would not be satisfied with such an outcome.
“Unfortunately, Arizonans will always live under a law that denies us the right to make decisions about our own health. Arizonans cannot afford to celebrate or lose momentum,” an Arizona spokesperson said for access to abortion after the repeal adopted by the Senate yesterday.
Voters will likely consider the issue directly in November, as abortion access advocates push a ballot initiative that would enshrine the right to abortion in the Arizona Constitution. Abortion opponents are considering their own initiatives to counter the proposal.
ABC News’ Isabella Murray contributed to this report.
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