The Arizona House voted on Wednesday to repeal the state’s total abortion ban in a close 32-28 vote. The repeal is now in the Senate’s hands.
Three Republicans joined Democrats to eradicate Arizona’s abortion ban: Tim Dunn, Matt Gress, Justin Wilmeth. The repeal would mean that another existing law restricting abortions after 15 weeks goes into effect.
The historic abortion ban predates Arizona’s statehood and lasted up until the Supreme Court’s codification of abortion in 1973 through Roe v. Wade.
House Speaker Ben Toma, congressional candidate for District 8, said in a press release that the vote was rushed, a grave error that would allow for the slaughter of unborn children for up to 15 weeks.
“It would have been prudent and responsible to allow the courts to decide the constitutionality of the pre-Roe law,” said Toma. “I feel compelled to reiterate my personal view that this decision to repeal the abortion ban in Arizona effectively means that we are allowing the murder of unborn children up to 15 weeks of pregnancy.”
Toma chided Democrats for a lack of decorum on the House floor, citing outbursts and personal attacks. The speaker also warned that the opposing party would continue to push for a wider window for abortions, all the way up to birth — effectively, infanticide.
“Democrats are pushing radicalism and will not relent until Arizona recognizes abortion on demand and abortion through 9 months of pregnancy,” said Toma.
🚨Statement from Arizona House Speaker @RepBenToma on today’s vote on HB 2677:
“I fervently disagree with my Democrat colleagues who advocate for extremism through unlimited, unrestricted, and unregulated abortions. Abortions are not healthcare. Abortion kills life. Abortion… pic.twitter.com/X7QsmWulzK
— Arizona House Republicans (@AZHouseGOP) April 24, 2024
One of the three Republicans to join Democrats to repeal the abortion ban, Dunn, defended his vote in a press release insisting that he is pro-life, but that abortions should still be allowed in cases of rape and incest — situations for which the historic abortion ban didn’t grant exceptions. Dunn said his decision was the “most pro-life vote” possible.
“Should the pre-Roe law remain in effect, I firmly believe more lives will be lost over time. The public backlash would result in codifying disturbing and unlimited abortions in the Arizona Constitution, which is something that I cannot allow to happen,” said Dunn.
I hope you will join me in encouraging a culture of life, one that supports mothers, children, families and always stands for the unborn. pic.twitter.com/C6E6916vl5
Gress also issued a press release claiming he is pro-life. However, Gress didn’t go into details about how the abortion ban went too far. Rather, Gress lumped those supportive of total abortion bans and those supportive of unfettered abortion together as extremists.
“As someone who is both pro-life and the product of strong women in my life, I refuse to buy into the false notion pushed by the extremes on both sides of this issue that we cannot respect and protect women and defend new life at the same time,” said Gress.
Democratic lawmakers celebrated the vote. The author of the bill repealing the historic abortion ban, House Bill 2677, was Democratic Representative Stephanie Stahl Hamilton.
The House narrowly rejected a motion to transmit the bill immediately to Governor Katie Hobbs, 30-30, should the Senate have returned the bill unamended. Gress was the sole Republican who joined his Democratic colleagues in voting for that motion.
Hobbs praised the abortion ban repeal, calling the law “archaic” and a threat to women’s lives. As Toma predicted, Hobbs indicated that the securing of abortions up to 15 weeks was only the beginning.
“I will do everything I can to stop harmful legislation that strips women’s control of their bodies. But there is much more to do,” said Hobbs. “I encourage each Arizonan to continue to speak out and fight for your reproductive freedoms.”
I’m thrilled the House has finally decided to do the right thing and repeal the archaic 1864 near-total abortion ban, which would have jailed doctors & threatened women’s lives.
It’s time for the Senate to follow suit and send the repeal to my desk. Immediately.
Have you been approached by someone at a store or restaurant, asking you to sign a petition related to reproductive rights or women’s healthcare, called the Arizona Abortion Access Act? If yes, it is important to understand what the initiative means.
According to the language of the initiative, every individual has the fundamental right to an abortion. The state cannot pass any law, regulation, policy, or practice that denies, restricts, or interferes with an abortion after fetal viability that a healthcare professional deems necessary to protect the life or physical or mental health of the pregnant person.
Let’s break down what this means. ‘After fetal viability’ means that anyone can have an abortion up to birth. The term ‘healthcare professional’ refers to anyone in the healthcare field, including nurses, PAs, and RNs. This means that all healthcare professionals will be allowed to perform abortions, even if they do not have hospital privileges.
Furthermore, the language refers to ‘pregnant individuals,’ which doesn’t specifically mention adult women. This definition is vague and supersedes the current law that requires parental consent for a minor to have an abortion. As a result, any person can bring in a minor for an abortion, without the involvement or discussion with a parent.
It is important to note that this initiative is a ballot initiative, not a legislative bill that amends the Arizona Revised Statutes. If it passes, it will enshrine this into our state constitution, and subsequent legal changes and challenges will be out of the hands of our elected officials.
Therefore, Arizona voters must read and understand the language of this initiative before signing it. If you are not clear on the language, decline to sign.
The Honorable Jill Norgaard served in the Arizona State House from 2014-2018. She is the former First Vice Chairman of the AZGOP and Fair Maps of Arizona Redistricting Co-Chair.
A majority of Republicans in Arizona’s Legislature held the line Wednesday to preserve the state’s near abortion ban.
On Wednesday morning, the Arizona House of Representatives gaveled into session for the first time this week, giving a coalition of members the opportunity to repeal a broad abortion ban that the State Supreme Court had reinstated earlier this month.
Since the Arizona Supreme Court’s historic opinion on the statute, Democrats and some Republicans have sought to repeal the 1864 abortion policy, which has been ratified by the state legislature several times, including in a 2022 bill that established a 15-week abortion ban before the U.S. Supreme Court overturned Roe v. Wade. A coalition attempted to call up a proposal, HB 2677, from Democrat State Representative Stephanie Stahl Hamilton, which would repeal the law. Members did not have a chance to vote on the bill due to a chaotic scene on the floor, that included a successful motion to recess and adjourn for the week.
Stahl Hamilton wasted little time on Wednesday in trying to call up her bill for consideration, but was thwarted by a point of order from Republican State Representative Jacqueline Parker, who highlighted a rule of the chamber giving the Speaker veto power over these procedures. Speaker Pro Tempore Travis Grantham asked Speaker Ben Toma for his decision, and Toma exercised his right to veto Stahl Hamilton’s request. After a couple of split procedural votes to override the Speaker’s action, which Republican Representative Matthew Gress joined with Democrats, the House recessed without any progress in repealing the near abortion ban.
Democrat Governor Katie Hobbs reacted to the latest from the State House, expressing her outrage over the inability to repeal the near abortion ban. She wrote, “Extremist Republicans in the Legislature have failed again to do the right thing. In just one week living under this new reality, women, doctors, and healthcare providers have already begun to feel the devastating effects of living under a total abortion ban. We cannot go on like this.”
Extremist Republicans in the Legislature have failed again to do the right thing. In just one week living under this new reality, women, doctors, and healthcare providers have already begun to feel the devastating effects of living under a total abortion ban. We cannot go on like…
Hobbs added, “I will continue to call on the Legislature to do its job and repeal this law. In the meantime, I remain committed to protecting the freedoms of every single Arizonan, and I am working to make sure women are able to access the care they need.”
A Republican running for State Representative pointed out that, unlike Hobbs’ claim that effects were already being felt, the law was not even in effect yet, due to instructions from the Arizona Supreme Court.
This is a lie. The law that the Supreme Court ruled on is still not in effect. So what effects are women in Arizona feeling from a law that is not in effect? https://t.co/0hIjgnCx8x
The Arizona Senate gaveled into its session in the afternoon and experienced a surprise action from Democrats, who, led by Senator Anna Hernandez, gained recognition for a motion to introduce a bill after the designated legislative deadline. Two Republicans joined with all Democrats to support Hernandez’s motion, which allows the chamber to fast-track a repeal of the controversial abortion law.
— Arizona Senate Democrats (@AZSenateDems) April 17, 2024
Both chambers adjourned for the week, leaving the near abortion ban intact through the weekend at least. If the abortion law in question is repealed, the state would likely revert to the recent 15-week abortion limit passed by lawmakers in 2022, marking the first time in the state’s history that the Arizona Legislature “affirmatively created a right to, or independently authorized, elective abortion” – as pointed out by the State Supreme Court in its opinion last week. That limit is sure to be expanded with a constitutional amendment that is likely to make the November General Election ballot.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
In a resounding declaration against over 50 years of genocide of the most defenseless among us, the Arizona Supreme Court delivered a landmark ruling, firmly upholding a state law that safeguards the sanctity of life. The case of Planned Parenthood v. Mayes marked a pivotal moment in Arizona’s battle against the slaughter of innocent unborn children.
At its core, the court’s ruling represents a stand against the vile forces that seek to devalue and discard human life at its earliest stages. The law, A.R.S. § 13-3603, explicitly prohibits abortion at any stage, “unless it is necessary to save [the woman’s] life [emphasis added].”
The Arizona Supreme Court’s ruling serves as a powerful reminderthat every human being, from the moment of conception, possesses inherent dignity no matter the size or age. That’s something we should all be celebrating today, and it’s something we should be ready to defend at every given moment.
Right now, those who advocate for the continuation of this mass genocide, including proponents of the Arizona Abortion Access Amendment, are seeking to amend the state constitution to permit abortion up until birth. Their obstinate refusal to acknowledge the humanity of the unborn is an indictment of their souls and a stain on the conscience of our society. That’s why we should be ready to meet them with the truth at every turn that every human life is precious—and abortion destroys that precious life.
As we celebrate this monumental victory, let us recommit ourselves to the cause of life with renewed vigor and determination. Let us continue to fight against the culture of death that seeks to extinguish the most vulnerable among us. And may we remember that while this victory is significant, the battle is far from over.
We must build on this momentum to protect life by stopping the Arizona Abortion Access Amendment. We must decline to sign the petition to put this horrific amendment on the ballot and actively oppose any efforts that threaten to undermine the progress we’ve made in safeguarding the rights of the unborn. And our esteemed state legislators must hold firm in an unwavering commitment to uphold the sanctity of life. We cannot be swayed by fear. Abortion is not merely a choice; it is the termination of a precious life. We cannot abandon these unborn babies. Now is the time to be courageous advocates, standing steadfast in defense of those who cannot speak for themselves.
Katarina White serves as Legislative District Co-Chair for Arizona Right to Life. To get involved and stay informed with the “Decline to Sign” initiative, visit the Arizona Right to Life website. Katarina also delves deeper into the proposed amendment through the “Conservative Seoul Show,” where she presents the “Sanctity Unveiled” segment. You can join her as she explores the challenges faced by the sanctity of life in the State of Arizona here.
A judicial decision from Arizona’s high court may have significant political ramifications in the swing state for the 2024 election.
On Tuesday, the Arizona Supreme Court issued its opinion in Planned Parenthood v. Mayes, finding that the state’s near ban on abortion, which was established in 1864 and reaffirmed several times since, was, in fact, the guiding law on the controversial issue. The vote in the State Supreme Court was 4-2, with one justice recusing himself.
The four prevailing justices wrote that they “merely follow[ed] our limited constitutional role and duty to interpret the law as written…. The legislature has demonstrated its consistent design to restrict elective abortion to the degree permitted by the Supremacy Clause and an unwavering intent since 1864 to proscribe elective abortions absent a federal constitutional right – precisely what it intended and accomplished in 36-2322.”
They added, “To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion. We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens.”
The decision from the Arizona Supreme Court ended one chapter of the state’s abortion saga and confirmed the legal theory of former Attorney General Mark Brnovich, a Republican, who, soon after the Roe v. Wade reversal from the Supreme Court of the United States, issued a statement about Arizona’s abortion status. In a statement made on June 29, 2022, Brnovich said, “Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. ARS 13-3603 is back in effect and will not be repealed in 90 days by SB 1164. We will soon be asking the court to vacate the injunction which was put in place following Roe v Wade in light of the Dobbs decision earlier this month.”
Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. pic.twitter.com/jvjKXaXKwd
Brnovich went to court in Pima County Superior Court to lift the injunction on the abortion law in question and was successful.
A Pima County judge lifted an injunction that was placed on AZ’s abortion statute. We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans.
However, the Arizona Court of Appeals reversed the ruling from the Superior Court, leading to the consideration from the state’s Supreme Court.
The outraged reaction from Democrats was swift, while the responses from Republicans were mixed.
Democrat Governor Katie Hobbs said, “It is a dark day in Arizona. We are just fourteen days away from of one the most extreme abortion bans in the country. But my message to Arizona women is this: I won’t rest, and I won’t stop fighting until we have secured the right to abortion. That is my promise to you.”
It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion.
That is my promise to you.
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
Attorney General Kris Mayes, also a Democrat stated, “This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”
The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. pic.twitter.com/swEqJREVVS
— AZ Attorney General Kris Mayes (@AZAGMayes) April 9, 2024
Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, issued a joint statement, saying, “During this [60-day waiting period], we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”
Joint statement from Senate President Warren Petersen and House Speaker Ben Toma on the Arizona Supreme Court abortion ruling.⬇️
The conservative Arizona Freedom Caucus cheered on the Court’s opinion, posting, “Today, the Supreme Court of Arizona made the correct ruling, upheld the intent of the legislature, and preserved the rule of law today by ruling that the pre-Roe law will remain effective. … As Republicans, we should be proud of the fact that today the lives of the preborn are more protected than they have been since SCOTUS’ fatally flawed Roe decision more than a half century ago. As Republicans, we should be unashamed in proclaiming the value of life.”
🚨 STATEMENT ON ARIZONA SUPREME COURT’S PRO-LIFE RULING 🚨
Today, the Supreme Court of Arizona made the correct ruling, upheld the intent of the legislature, and preserved the rule of law today by ruling that the pre-Roe law will remain effective.
— Arizona Freedom Caucus (@AZFreedomCaucus) April 9, 2024
Republican Senator Wendy Rogers also weighed in on the news of the day. She wrote, “Then, as now, LIFE must be upheld in the laws of the land. I will vote against any laws that would dimmish life in Arizona, including any laws that would dilute our existing statutes. Defending life is the right thing to do.”
🚨Late Breaking Statement🚨
In light of the overturn of Roe v Wade by the US Supreme Court, today the Arizona Supreme Court affirmed the right to life in Arizona based on existing state law. I stand in support of that decision and of the law itself, because it protects the most…
The Senate Democratic Leadership released a statement after the announcement from the Court, writing, “The Republican-appointed Arizona Supreme Court has decided to criminalize abortion in Arizona by upholding the 1864 territorial abortion ban and end legal abortion in all cases unless necessary to save the life of the mother. It’s a worse-case scenario Democrats predicted and have been preparing for, working to see the future of reproductive freedom in the hands of Arizonans.”
PRESS RELEAS: Senate Democratic Leadership Respond to the Planned Parenthood et al v. Kristin Mayes/Hazelrigg Opinion #azlegpic.twitter.com/OkEc3nd5SX
— Arizona Senate Democrats (@AZSenateDems) April 9, 2024
Arizona for Abortion Access, the group working to plant a constitutional amendment on abortion on the November ballot, expressed its anger over the judicial opinion. It said, “Today, the Arizona Supreme Court ruled to uphold a devasting near-total ban on abortion from 1864, a territorial law in place before Arizona became a state. This means Arizona now has one of the most restrictive abortion bans in the nation.”
🚨 Today, the Arizona Supreme Court ruled to uphold a devastating near-total ban on abortion from 1864, a territorial law in place before Arizona became a state. This means Arizona now has one of the most restrictive abortion bans in the nation. pic.twitter.com/CaOnxlJciv
— Arizona for Abortion Access (@azforaccess) April 9, 2024
The group revealed that it had over 500,000 signatures from Arizona voters – well over the threshold needed to qualify for the ballot.
The Arizona for Abortion Access campaign has already gathered well over 500,000 Arizona voter signatures. Approximately 384,000 valid voter signatures are required by July 3. The campaign will continue collecting signatures statewide until signatures are due on July 3, 2024.
— Arizona for Abortion Access (@azforaccess) April 9, 2024
Last year, one of Arizona’s top pro-life leaders, Cathi Herrod from the Center for Arizona Policy, came out in fierce opposition to these efforts from pro-abortion interests, alerting her followers that this measure “would tear down virtually all pro-life precautions and make it nearly impossible to regulate abortion.” Herrod also explained how, if passed, the constitutional amendment would likely allow the likelihood of abortion at all stages of life in the womb, stating, “The broad exemption of ‘mental health’ of the mother after viability is widely understood, even in the courts, to mean virtually anything the abortion provider wants it to mean, including stress or anxiety. Even barbaric partial-birth abortion is legal under this exemption.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
