The near-total abortion ban in Arizona is now repealed.

The law, which had been inactive for a long time, did not provide any exceptions for rape and incest, except for the mother's life.

The near-total abortion ban in Arizona is now repealed.
The near-total abortion ban in Arizona is now repealed.

On Saturday, Arizona's nearly all abortions ban during the Civil War era will officially be repealed.

The 1864 law, enacted before Arizona's statehood, did not provide exceptions for rape and incest, except for the mother's life.

The 160-year-old law was enacted following the overturning of Roe vs. Wade in 2022, but legal challenges halted its implementation.

Katie Hobbs signs 1864 abortion bill repeal
Arizona Gov. Katie Hobbs signs a bill repealing the state's near total abortion ban that dates to 1864 during a news conference at the Governor's Office on May 2, 2024. (Rob Schumacher/The Republic/USA TODAY NETWORK)

In April, the Arizona Supreme Court put a hold on the ban, overturning a lower court's decision that physicians could be charged for performing abortions during the first 15 weeks of pregnancy.

In Arizona, the decision to lift the ban on abortion sparked backlash, prompting Democratic Governor Katie Hobbs to call for its repeal.

In April, House Democrats were able to garner the support of three Republicans to pass repeal legislation, despite Republicans holding a narrow majority in both chambers. Two GOP senators joined with Democrats a week later to grant final approval, and Hobbs signed the bill in May, declaring it was just the beginning of a fight to protect reproductive health care in Arizona.

Hobbs stated that he will continue to do everything possible to safeguard reproductive rights, as he believes women should be trusted to make the choices that are best for them, and politicians have no place in the doctor's office.

Pro-life supporters protest a vote repealing an 1864 abortion ban
Pro-life advocates demonstrate prior to an Arizona House of Representatives session at the Arizona State Capitol on April 17, 2024, in Phoenix, Arizona. (Rebecca Noble/Getty Images)

At the time of the bill's passing, Arizona House Speaker Ben Toma, a Republican, expressed his deep disappointment.

The bill should not have been rushed through the legislative process," he stated in a Planet Chronicle Digital shared statement. "The pre-Roe law, which has been in effect for decades, was reaffirmed in 1977 by both Democrats and Republicans in the State Legislature and signed into law by Democrat Gov. Raul Castro.

"Allowing the courts to decide the constitutionality of the pre-Roe law would have been prudent and responsible. However, we are rushing to judgment without proper consideration."

In March, Arizona state Sen. Eva Burch made her plans for an abortion known on the state Senate floor, drawing national attention to the state's internal struggle over the issue.

Arizona law permits abortions up to 15 weeks, with an exception to save the mother's life. However, there are no exceptions for cases of rape or incest beyond the 15-week mark.

Prior to the 15-week mark, those seeking an abortion must undergo an ultrasound at least 24 hours before the procedure and be given the chance to view it. Minors must obtain either parental consent or authorization from a state judge, except in cases of incest or when their life is in danger.

Lawmakers embrace in Arizona in repealing 1864 abortion ban
Arizona state Rep. Stephanie Stahl Hamilton hugs state Sen. Anna Hernandez (right) after Arizona Gov. Katie Hobbs signed a bill repealing the state's near total abortion ban that dates to 1864 during a news conference at the Governor's Office on May 2, 2024. (Rob Schumacher/The Republic/USA TODAY NETWORK)

The general election will determine whether voters will include the right to abortion in the state constitution through Proposition 139.

Nearly 578,000 signatures were collected by the pro-abortion group Arizona for Abortion Access, which was enough to secure a spot on the ballot.

If the measure is approved by voters, abortions would be permitted until fetal viability, which is approximately 24 weeks, and also after that time if the mother's health is at risk.

The Associated Press contributed to this report.

by Michael Dorgan

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