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Republican Arizona state senator Anthony Kern (right) speaks with anti-abortion protesters at the Arizona State Capitol. The fight over the Civil War-era abortion ban in Arizona is the latest flashpoint on women’s reproductive rights in the US. Photo: Reuters

Arizona senate expected to vote on repeal of 1864 abortion ban

  • The bill appears to have enough support to pass the upper chamber, even with Republicans holding a slim 16-14 majority
  • The fight over the Civil War-era abortion ban in Arizona is the latest flashpoint on women’s reproductive rights in the US

The Arizona Senate is expected to vote on Wednesday on a measure to repeal the state’s 1864 ban on abortion, which could go into effect within weeks if not struck down.

The Arizona House last week passed the measure after a handful of Republicans broke party ranks and voted with Democrats to send it to the Senate. The bill appears to have enough support to pass the upper chamber, even with Republicans holding a slim 16-14 majority.

If passed, the measure could immediately be sent to Governor Katie Hobbs, a Democrat, who has said she will sign it.

The fight over the Civil War-era abortion ban in Arizona, a state sharply split between Democrats and Republicans, is the latest flashpoint on women’s reproductive rights in the US.

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‘This fight is not over’, Biden signs order on US abortion access as Kansas voters reject limits

‘This fight is not over’, Biden signs order on US abortion access as Kansas voters reject limits

In 2022 the US Supreme Court ended the constitutional right to abortion, leaving it up to states to decide the issue. Conservative-led states quickly invoked strict bans on abortion within their borders.

Democrats across the US, confident that public opinion is on their side in supporting abortion rights, have sought to elevate the issue ahead of November’s presidential election. Arizona is a key battleground state.

The 1864 law was revived by a state Supreme Court ruling on April 9, and unless the legislature intervenes, it could take effect within 60 days of that ruling, state Attorney General Kris Mayes, a Democrat, has said.

If Democrats do manage to repeal the ban, restrictions on abortion would still be in place. In 2022, Arizona passed a law that bans abortion after 15 weeks of pregnancy.

Arizona Democrats have said they will continue attempting to place a ballot measure before voters in November that would restore abortion rights.

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