Debate on abortion ban repeal shut down
Arizona legislators reflect deep divide
PHOENIX — The Arizona Legislature devolved into shouts of “Shame! Shame!” on Wednesday as Republican lawmakers quickly shut down discussion on a proposed repeal of the state’s newly revived 1864 law that criminalizes abortion throughout pregnancy unless a woman’s life is at risk.
The state Supreme Court cleared the way on Tuesday for enforcement of the pre-statehood law. Arizona abortion providers vowed Wednesday to continue service until they’re forced to stop, possibly within weeks.
State legislators convened as pressure mounted from Democrats and some Republicans, including former President Donald Trump, for them to intervene.
House Democrats and at least one Republican tried to open discussion on a repeal of the 1864 abortion ban, which holds no exceptions for rape or incest. GOP leaders, who command the majority, cut it off twice and quickly adjourned for the week. Outraged Democrats erupted in finger-waving chants of “Shame! Shame!”
Republican state Rep. Teresa Martinez, of Casa Grande, said there was no reason to rush the debate. She accused Democrats of “screaming at us and engaging in extremist and insurrectionist behavior on the House floor.” The GOP-led Senate briefly convened without debate on abortion.
“We are navigating an extremely complex, emotional and important area of law and policy,” said Martinez, the GOP House whip. “In my opinion, removing healthy babies from healthy mothers is not health care nor reproductive care. Pregnancy is not an illness. It should be celebrated. It is an abortion that terminates life.”
Democratic legislators seized on national interest in the state’s abortion ban.
“We’ve got the eyes of the world watching Arizona right now,” said Democratic state Rep. Stephanie Stahl Hamilton, of Tucson. “We know that the Supreme Court decision yesterday is extreme. And we know that should the 1864 ban on abortion remain a law in Arizona, people will die.”
Democratic Gov. Katie Hobbs called inaction on the proposed repeal unconscionable.
“Radical legislators protected a Civil War-era total abortion ban that jails doctors, strips women of our bodily autonomy and puts our lives at risk,” she said.
Three Republican legislators openly oppose the ban, including state Rep. Matt Gress, of Phoenix, who made a motion Wednesday to repeal the law. In a statement, he said the near-total ban “is not reflective of the values of the vast majority of our electorate, regardless of political affiliation. … This issue transcends all.”
According to AP VoteCast, 6 out of 10 Arizona voters in the 2022 midterm elections said they would favor guaranteeing legal abortion nationwide.
At Camelback Family Planning in Phoenix, where about one-fourth of Arizona abortions are performed, registered nurse Ashleigh Feiring said abortion services were still available and that staff hope emergency legislation will avoid interruptions or closure.
“Our plan is to stay open as long as possible,” Feiring said. “Our clinic has been shut down twice in the last four years, but we’ve always resumed service.”
At the same time, anti-abortion groups including SBA ProLife America urged Arizona residents to oppose a proposed ballot initiative aimed at placing abortion rights in Arizona’s state constitution.
“They would wipe away all pro-life laws put in place by the Legislature, reflective of the will of the people,” SBA President Marjorie Dannenfelser said in a statement.
Hobbs, however, predicted that anger will motivate voters to enshrine abortion rights directly in state law.