Arizona House Adjournment Ignites Outrage Amidst Debate on 1864 Abortion Ban Repeal

The Arizona House of Representatives erupted into chants of “shame” after Republican members voted to adjourn, avoiding discussing a bill that would repeal the state’s 1864 abortion ban. Earlier this week, the state’s Supreme Court ruled that the Civil War-era law could be enforced, instigating a controversial debate in Arizona.

Despite urgent calls for legislative action, Republican Representative Matt Gress’s move to initiate a vote discussing a repeal of the total abortion ban was overshadowed by the decision to adjourn the house until the following week. The decision drew significant opposition from Democratic members, who stressed that inaction would lead to women’s fatalities. All Democratic members, along with Gress, voted against adjournment.

Demonstrating her strong disapproval, Arizona’s Democrat Governor Katie Hobbs described the legislature’s decision to adjourn instead of addressing the state’s abortion ban as “unconscionable.” She reflected on an Executive Order she signed in 2023 to protect abortion rights in Arizona, reaffirming her commitment to safeguard abortions in the state.

House Speaker Ben Toma defended the adjournment in a statement, specifying that the court’s detailed ruling needed careful consideration, calling for time and discussions with constituents.

The Howell Code of 1864, of which the abortion ban is part, was enacted before Arizona gained statehood. The law allows for few exceptions, primarily concerning the life of the mother, but does not include conditions for rape or incest. Doctors performing abortions can be prosecuted under this law.

Following the state Supreme Court’s endorsement, abortion providers in Arizona are in a state of turmoil. Dr. Jill Gibson, Chief Medical Director at Planned Parenthood Arizona, spoke about patient confusion and chaos. Dr. Ronald Yunis with Acacia Women’s Center in Phoenix stated that his clinic would continue to provide abortion care “until the attorneys say it can’t be done.”

Arizona’s events come amidst ongoing nationwide responses to the US Supreme Court’s decision overturning the federal right to an abortion. For instance, Florida’s state Supreme Court endorsed a six-week abortion ban and approved a November referendum potentially establishing abortion rights in the state constitution.

Meanwhile, in Arizona, campaigners have collected over 500,000 signatures for a ballot measure to enshrine abortion rights in Arizona’s constitution, surpassing the threshold. Cheryl Bruce, the campaign manager for Arizona for Abortion Access, voiced the people’s eagerness to see this issue on the ballot.