Democrats in the Arizona House of Representatives repeatedly tried to repeal an 1864 abortion ban on Wednesday, but failed to win support from Republicans opposed to the Civil War-era bill poised to once again become state law.
After four votes, the House deadlocked 30-30 on a procedural motion that would have brought the repeal bill to a vote, with one Republican joining 29 Democrats.
One more Republican vote is needed to repeal a law that was enacted when Arizona was not a state and women lacked the right to vote.
Democratic leaders later told reporters they did not expect to vote again on Wednesday but would try again at a future session.
“I will continue to call on the Legislature to do its job and repeal this law,” Democratic Gov. Katie Hobbs said in a statement. “A law created by 27 men in 1864 cannot be allowed to govern millions of Arizona women. life.”
Before Hobbs can sign any repeal bill, it would need to pass both houses of the state Legislature.
A similar repeal attempt is underway in the state Senate, where Republicans lead 16-14. Two Senate Republicans joined Democrats in voting to advance the bill Wednesday, but the bill will need two more such readings to advance to the Senate floor.
Opposition to abortion rights is considered sacrosanct to many Republican voters, and it is rare to cross party lines on such a touchstone issue in a highly partisan era.
But repealing the 1864 law would leave in place a law passed by Republicans in 2022 that bans abortion after 15 weeks of pregnancy. Some Republicans have also softened their hardline stance on abortion, noting that the same polls have emboldened Democrats.
Democrats, confident that public opinion is on their side in favor of abortion rights, have tried to elevate the issue since the U.S. Supreme Court struck down the constitutional right to abortion in 2022 and Republican-led states began enacting tough new restrictions.
Arizona Democrats are also trying to put a ballot measure before voters in November that would restore abortion rights, regardless of whether the 1864 law is repealed.
Democrats hope the ballot measure will energize voters in a deeply divided state that could swing either way, potentially determining the outcome of the U.S. presidential election, the balance of power in the U.S. Senate and the balance of power in both chambers of state legislatures. Control.
On April 9, a state Supreme Court ruling reinstated the old law, which will take effect within 60 days unless the Legislature intervenes.
Unless a doctor deems it necessary to save the mother’s life, anyone found guilty of having an abortion will be sentenced to two to five years in prison.
Arizona House Democrats tried to repeal the ban a week ago but were stymied by Republicans’ narrow 31-29 majority. Republican Rep. Matt Grace joined Democrats on Wednesday, but one more vote is needed.
Repeal bill sponsor Stephanie Starr-Hamilton, a Democrat, said Democrats will persevere and she believes the bill will eventually get a vote.
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