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What is Arizona's abortion law? Senate votes to repeal 1864 Prohibition – Deseret News

The Arizona Senate voted Wednesday to repeal a Civil War-era abortion ban.

In April, the state Supreme Court upheld an 1864 law that bans abortion in all cases except when necessary to save the mother, with no exceptions for rape or incest. Under the 19th century law, a person who performs an abortion faces prison sentences of two to five years if prosecuted, the Deseret News previously reported.

The Arizona House of Representatives narrowly passed a bill to repeal the near-total abortion ban on April 24, sending the bill to the Senate.

Two Senate Republicans, Shawnna Bolick and TJ Shope, joined Democrats on Wednesday and voted 16-14 to repeal the ban. The bill now heads to Gov. Katie Hobbs, who has said she will sign the bill.

“Today the Senate finally did the right thing and heeded my calls to repeal the 1864 ban on abortion,” Hobbs said wrote on social media. “I will sign it into law. And we will abolish this terrible ban once and for all.”

The repeal will not take effect until 90 days after the end of the legislative session, meaning there could be several weeks during which the law could still be enforced, although Attorney General Kris Mayes has “indicated she will not enforce it or anything else.” “Anti-abortion law,” according to the Arizona Republic.

Once the 1864 ban is repealed, Arizona's 2022 law requiring a ban after 15 weeks of pregnancy would become law. The 2022 law provides exceptions for medical emergencies, but not for rape or incest.

Vice President Kamala Harris responded to the news that the Arizona Senate had voted to repeal Prohibition of 1864 by reminding Arizonans of the restrictions that remain in place.

Anna Harden

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