Spectators filled the gallery in the Arizona House chamber last week. The State Senate on Wednesday was poised to repeal the 1864 ban. Credit...Ash Ponders for The New York Times
   

 

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  Arizona Lawmakers Repeal 1864 Abortion Ban

Jack Healy
nytimes.com

Arizona lawmakers voted on Wednesday to repeal an abortion ban that first became law when Abraham Lincoln was president and a half-century before women won the right to vote.

A bill to repeal the law passed 16-14 in the Republican-controlled State Senate with the support of every Democratic senator and two Republicans who broke with anti-abortion conservatives in their own party. It now goes to Gov. Katie Hobbs, a Democrat, who is expected to sign it.

The vote was the culmination of a fevered effort to repeal the law that has made abortion a central focus of Arizona’s politics.

The issue has galvanized Democratic voters and energized a campaign to put an abortion-rights ballot measure before Arizona voters in November. On the right, it created a rift between anti-abortion activists who want to keep the law in place and Republican politicians who worry about the political backlash that could be prompted by support of a near-total abortion ban with no exceptions for rape or incest.

The 1864 law had gathered dust on the books for decades. But it exploded into an election-year flashpoint three weeks ago when a 4-2 decision by the State Supreme Court, whose justices are all Republican-appointed, said the ban could now be enforced because of the overturning of Roe v. Wade.

Two Republican state senators, T.J. Shope and Shawnna Bolick, joined with Democrats on Wednesday to force that repeal bill to a vote over furious attempts by far-right Republicans to block it.

Before casting her pivotal vote, Ms. Bolick stood up and began a long, deeply personal speech describing her own three challenging pregnancies, including one that ended with an abortion procedure in her first trimester because the fetus was not viable.

“Would Arizona’s pre-Roe law have allowed me to have this medical procedure even though my life wasn’t in danger?” she asked.

But Ms. Bolick also railed against Planned Parenthood and Democratic support for abortion rights. She argued that her vote to repeal the 1864 ban could be Arizona’s best shot at curbing the momentum behind a proposed ballot measure to enshrine abortion protections in the state constitution.

“We should be pushing for the maximum protection for unborn children that can be sustained,” she said. “I side with saving more babies’ lives.”

As she spoke, abortion opponents watching from the public gallery erupted with angry shouts: “Come on!” “This is a disgrace!” “One day you will face a just and holy God!”

Several anti-abortion Republican lawmakers responded to the vote with fiery speeches. They equated abortions to Naziism and compared the repeal vote with the Sept. 11 attacks. They read graphic descriptions of later-term abortions. They quoted the Bible and made direct appeals to God from the Senate floor.

Two choked up. Senator J.D. Mesnard, who represents a suburban swing district, held up his phone and played a sonogram recording of his daughter’s heartbeat.

“If I vote yes, these will be fewer, these heart beatings,” he said.

State Senator Anthony Kern, a Republican who was also among Arizona’s fake electors indicted last week in an election-conspiracy case, said the Senate was betraying its opposition to abortion, and predicted that the vote would pave the way for acceptance of pedophilia.

“This is innocent blood,” he said. “Why can’t we show the nation we are pro-life? We will have the blessing of God over this state if we do that. Our only hope is Jesus Christ.”

Democrats, for their part, mostly stayed silent or made brief statements supporting repeal.

“We’re here to repeal a bad law,” said State Senator Eva Burch, who had an abortion this spring to end a nonviable pregnancy — an experience she described in an emotional floor speech.







                      

 
 

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