Arizona Governor Katie Hobbs, a Democrat, signed a bill on Thursday that will repeal the state's 160-year-old abortion ban.
As reproductive rights continue to be a hot-button issue after the Supreme Court overturned Roe v. Wade in the summer of 2022, which lets individual states decide how to handle abortion, Arizona repealed a near-total abortion ban that was enacted in 1864.
The Civil War-era law, which prohibits abortions except to save the life of the mother, went unenforced for decades in the state after the Supreme Court in 1973 created federal protections for abortion rights in its Roe v. Wade ruling.
Earlier this month, the Arizona Supreme Court ruled that the ban enacted in 1863 was enforceable, which sparked outrage among reproductive rights activists.
On Wednesday, the Arizona Senate passed the repeal in a 16-14 vote with two Republicans voting to repeal the near-total ban after the state House voted to repeal the ban last week.
Hobbs signed the bill repealing the near-total abortion ban on Thursday as the crowd around her applauded and cheered.
Before signing the bill, Hobbs said, "Today we are doing what 23 governors and 55 legislators refused to do and I'm so proud to be the ones that got this job done. And while I'm proud to sign this bill and provide a moment of relief for Arizonans, we still have work to do.
"Arizona women are still governed by a ban that leaves no exceptions for rape or incest nor does it account for complications during pregnancy. We do not have guarantees that the basic right to contraception or access to IVF are protected even as threats mount."
Hobbs continued: "Today we should not rest, but we should recommit to protecting women's bodily autonomy, their ability to make their own health care decisions and the ability to control their lives."
Despite the repeal, Arizona Attorney General Kris Mayes said the near-total abortion ban will still go into effect as early as June 27. The ban's repeal will not go into effect until 90 days after the current legislative session ends.
Arizona's legislative session doesn't have a specific end date. In recent years, the session has ended in late June. However, in 2023, the session didn't end until August. The 1864 ban could stay in effect through the summer and fall.
When the repeal does go into effect, abortion will be legal for the first 15 weeks of pregnancy.
Meanwhile, Elisabeth Smith, director of state policy and advocacy at the Center for Reproductive Rights, said in a statement on Wednesday: "Frankly, this was the only reasonable outcome.
"This law was written before Arizona became a state and when only white men could vote. It was written before penicillin was invented – such an antiquated law should never apply to modern health care. Thank you to every Arizona legislator who supported pregnant people, their families, and communities by repealing this draconian law."
Update 05/02/24, 5:55 p.m. ET: This article has been updated with comment from Elisabeth Smith.
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