The vote was the third attempt to repeal the law in as many weeks, as Republicans had thwarted Democratic attempts to bring the bill to the floor every other time.
But this time, the bill passed 32-28. Republican state Reps. Tim Dunn (R) and Justin Wilmeth (R) joined state Rep. Matt Gress (R) and all Democrats to bypass Speaker Ben Toma (R) and the rest of the GOP caucus.
The measure now heads to the Senate, where it needs votes from at least two Republicans to pass. But the Senate already has begun moving forward on its identical version of the House repeal bill, suggesting it could pass when the chamber meets next week.
Even if that happens, it wouldn’t take effect until 90 days after the Legislature’s session ends. That means the territorial ban could still be in effect for weeks or even months. Once it does get repealed, the 15-week ban passed in 2022 would go back into effect.
Like the 1864 law, the 15-week ban does not include exceptions for rape or incest.
Arizona became the latest battleground state on abortion access when the state Supreme Court three weeks ago upheld a law passed before Arizona was a state that bans nearly all abortions in the state, except in instances to save the life of the mother. The law also imposes jail time for physicians who perform abortions.
The decision by the court, which is comprised entirely of justices appointed by Republican governors, ignited a national firestorm of criticism as well as political panic among some state and national Republicans, including former President Trump and Senate hopeful Kari Lake.
They recognized that the backlash against the 1864 law could upend conservative majorities in the state and hurt Trump’s campaign in the crucial swing state.
Despite the pressure, Republicans in the House resisted repealing the law twice. GOP lawmakers blasted those in their party who voted with Democrats.
“We’re willing to kill infants in order to win an election. Put in that context, it becomes a little bit harder to stomach, doesn’t it? Besides, legalizing abortion up until birth is not going to help us win an election,” state Rep. Alexander Kolodin (R) said. “Politics is important, but it’s not worth our souls.”
