The upper chamber of the Arizona Parliament voted on Wednesday to repeal a law that effectively banned almost all abortions dating back to 1864, a law that the state's Supreme Court found enforceable in early April.

Arizona Senate Votes to Repeal 1864 Abortion Ban

The upper chamber of the Arizona Parliament voted on Wednesday to repeal a law that effectively banned almost all abortions dating back to 1864, a law that the state's Supreme Court found enforceable in early April.

The repeal of this law, which prohibits any voluntary termination of pregnancy from the moment of conception except in cases where the mother's life is in danger, was decided by a vote of 16 to 14. It now requires Governor Katie Hobbs, a Democrat, to enact it.

The governor expressed her "delight" in a statement regarding the Senate's vote in Arizona, stating she was "eager to enact this repeal."

Abortion rights have become a major subject in the U.S. presidential campaign. Arizona is among the swing states that could decide the final outcome.

Neither rape nor incest are considered valid exceptions under the 1864 law. The state's Supreme Court decision sparked controversy nationwide, condemned by Joe Biden but also mildly criticized by Donald Trump.

"This total ban on abortion would have put doctors in prison, threatened the lives of women across our state, and stripped millions of Arizonan women of the right to decide about their own bodies," declared Katie Hobbs on Wednesday.

This law, dormant for decades, is now "in effect," as stated by the Arizona Supreme Court on April 9. The ruling acknowledged the Supreme Court of the United States' jurisprudential shift in June 2022, which annulled the federal guarantee of abortion rights.

Following this decision, giving states full authority to legislate in this realm, about twenty have banned or severely restricted access to abortion.

An Electoral Issue

Arizona's Democratic Attorney General, Kris Mayes, had long warned that she would not prosecute any cases. This decision could change based on elections, as attorneys general are elected in the U.S.

The decision "to reestablish a law from a time when Arizona was not even a state, when the Civil War was raging, and when women could not even vote, will go down in history as a stain on our state," lamented on April 9.

Advocates of a public initiative announced in April that they had gathered the required signatures for a referendum to enshrine abortion rights in the Arizona constitution. This vote is expected to take place alongside the presidential election in November, as will be the case in Florida, another crucial state in the southeast.

Incumbent Democratic President Joe Biden is making the defense of women's rights a major thrust of his campaign for a second term, facing off against Republican opponent Donald Trump.