PHOENIX — An attempt to repeal the state's 1864 abortion ban was rejected in the Arizona House but state senators made progress in potentially introducing legislation to repeal the 160-year-old law.
Eight days after the state Supreme Court ruled that the ban could be enforced, the Legislature convened Wednesday for a vote that could affect the lives of countless Arizonans.
VERSIÓN EN ESPAÑOL: Falla intento de revocar la ley de aborto de Arizona de 1864
The 1864 law only allows for abortions if it was necessary to save a woman's life. It offers no exceptions for victims of rape or incest, which has been a point of contention for Democrats in the Arizona House.
State Rep. Stephanie Stahl Hamilton, D-District 21, made a motion Wednesday to bring a bill repealing the 160-year-old abortion ban for consideration to the House floor. The motion was objected to by Republicans and ultimately failed to earn a majority of votes with a roll call vote of 30-30.
Another Democrat introduced the same motion and it failed again. The House then recessed.
Republicans argued they shouldn't "rush" the legislation because the issue of abortion is complicated. But Democrats countered that point by declaring they've had years to address this matter before the Arizona Supreme Court recently issued a ruling that allowed the 1864 law to be reinstated.
In the Arizona Senate, a Democrat made a motion to introduce a last-minute repeal bill that could bypass the regular legislative process and be brought to the floor within a few days for a vote. Republicans attempted to recess and adjourn before voting on the motion. That failed and the motion passed 16-14 with the support of some Republicans.
>>Editor's note: The above video is from a previously aired broadcast.
A significant hurdle was likely going to block a vote on the bill itself.
A majority of the House — at least 31 members — have to agree to start debate on the bill. That means all 29 Democrats and at least two of the majority Republicans must support the motion.
For Republicans, the would mean crossing their leader, House Speaker Ben Toma, who opposes a repeal. Opposing a party leader — "rolling the speaker" — is a big step in the Legislature. As of late Tuesday, there didn't appear to be a solid 31 votes yet to clear that first hurdle.
Swing-district Republican Matt Gress, who faces a tough re-election campaign, took heat last week for supporting a repeal and then backing down. He couldn't be reached for comment.
Any Republican who supports a repeal would face the wrath of Cathi Herrod. Herrod has been the architect of anti-abortion bills at the Capitol for more than two decades.
"Those who call themselves pro life need to stay pro life," Herrod said in an interview Tuesday. "You shouldn't change your pro-life position because of your perception of where the political winds are."
Chris Love, spokeswoman for the Arizona Abortion Access initiative, which would protect reproductive rights, said her organization supported a repeal.
"We would hope that they would repeal the 1864 ban, hopefully with immediate effect," Love said "I'm not sure that they have the votes to do that. But quite frankly, they've had years to get this straight."
If the House had approved the repeal Wednesday, the bill would have been transmitted to the Senate, which is scheduled to convene at 1:15 pm.
The Senate might not complete action on a repeal until it meets again, a week from Wednesday. The Legislature shifted to the once-a-week sessions a few weeks ago, before the abortion ruling, to accommodate negotiations on the stalled budget.
If the 1864 ban isn't repealed, barring any further legal action, the law could take effect by the end of June and remain in place through the November election.
Democratic Gov. Katie Hobbs signed an executive order 10 months ago that protects abortion seekers and health care providers from prosecution.
ABORTION IN ARIZONA