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Enough Arizona senators vote in favor of bill to repeal Civil War-era abortion ban

The Arizona Senate followed suit with the House and passed the bill to repeal the 1864 abortion ban in Arizona.

PHOENIX — Enough members of the Arizona Senate have signed off on a bill to repeal an abortion ban dating back to the 19th century.

In a 16-14 vote, two Republicans, T.J. Shope and Shawnna Bolick, sided with Democrats on Wednesday to deliver enough votes to pass House Bill 2677, which would repeal a law that would only allow abortion in circumstances that would save a woman's life.

VERSIÓN EN ESPAÑOL: Suficientes senadores de Arizona votan en favor revocar ley de aborto

While explaining her vote, Bolick described herself as pro-life and recalled personal pregnancy stories to make the point that "not every pregnancy is the same."

Republicans complained about how the bill was quickly fast-tracked through the legislative process after the Arizona Supreme Court recently decided that the 1864 abortion law could be reinstated.

State Sen. Jake Hoffman, R-District 15, condemned the Republican members who helped pass the measure and accused them of abandoning the principles of the Founding Fathers.

Hoffman had attempted to add an amendment to the repeal bill before it passed but his attempt was rejected.

The bill could soon be headed to the governor's desk.

The law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.

When Roe v. Wade was overturned in June 2022 though, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could again be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts. Mayes, who succeeded Brnovich, urged the state’s high court against reviving the law.

Planned Parenthood officials vowed to continue providing abortions for the short time they are still legal and said they will reinforce networks that help patients travel out of state to places like New Mexico and California to access abortion.

Advocates are collecting signatures for a ballot measure allowing abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions — to save the parent’s life, or to protect her physical or mental health.

Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.

A leaked planning document outlined the approaches being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they’re pregnant.

House Republicans have not yet publicly released any such proposed ballot measures.

This is a developing story. We will update as more information becomes available.

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