Arizona abortion ban: Arizona House Republicans halt Democrats' effort to overturn 1864 law

Chaos erupted in the Arizona House on Wednesday as Democrats attempted to repeal the 1864 near-total abortion ban, only to be thwarted by the Republican majority.

The raucous event, unusual for the chamber, came a day after the Arizona Supreme Court ruled that Arizona's Civil War-era abortion law stands and laid bare the raw feelings and political divisions swirling around the issue.

The fracas started when Rep. Matt Gress, a Phoenix Republican from a crucial swing district, tried to initiate a vote on repealing the law. He was cut short by a motion to recess from Rep. David Livingston, R-Peoria. Gress told The Arizona Republic he voted against the motion.

Democrats exploded, shouting "shame, shame," "hold the vote," and "save women's lives" as they pointed across the aisle at Republicans, who began to leave the floor.

Led by Reps. Oscar de los Santos and Analise Ortiz, Democrats trained their ire on Gress, charging that his actions were "performative" and insincere, given his sponsorship last year of bills that they said promoted personhood for fetuses.

Among those were measures that would have allowed child support and tax credits to be paid during pregnancy, enhanced domestic violence penalties for people who assault pregnant women, and allowed pregnant women to use HOV lanes. Those bills were either vetoed by Democratic Gov. Katie Hobbs or died in committee.

“Matt Gress is running scared because he knows that if this ban is in place, he has a hard time winning his election," said Rep. Nancy Gutierrez, D-Tucson and the House minority whip. "So, he wants this narrative out there that he is somehow the savior of women. He is not."

Gress defended the bills he sponsored last year, saying they were efforts to protect pregnant women.

House members later returned only to adjourn until April 17 without taking any action. Gress joined with all Democrats in an unsuccessful bid to keep Wednesday's session running.

Republican Majority Whip Teresa Martinez, R-Maricopa, said there is time to work out a solution before the law takes effect in the coming weeks.

Gress insisted there are votes to repeal the 1864 law, even though his attempt on Wednesday morning failed.

"We have people on our side of the aisle that feel very strongly that women should not be condemned to carry out a pregnancy to term, especially victims of rape and incest," Gress told reporters.

Ortiz filmed Gress as she approached him.

"Do not fall for it," Ortiz shouted. "He does not care about the women who will die because of this horrific ban."

Watching the discord from the House gallery was Cathi Herrod, president of the Center for Arizona Policy and a leading anti-abortion advocate.

Why do some Republicans want to overturn Arizona's abortion ban?

Rep. David Cook, R-Globe, indicated he would support a repeal even though he supported a 2022 bill that allowed the territorial ban to still be in effect.

Cook said the Supreme Court's ruling changed the landscape, which is why he would support a repeal that is more reflective of contemporary times.

"In my business, we used to hang cattle thieves," Cook, a cattle rancher, said about outdated punishments.

Cook and Gress are the only two House Republicans to express support for a repeal and a return to a "reasonable" ban, such as a 15-week ban with exceptions for rape, incest and the life of the mother.

At least two Senate Republicans, Shawnna Bolick of Phoenix and T.J. Shope of Coolidge, have indicated similar intentions.

The near-total ban is viewed as an obstacle for many Republicans, especially those in battleground districts in this year's elections.

Who are they?2 justices who upheld Arizona's 1864 abortion ban are up for retention

How can Democrats overturn Arizona's abortion ban?

Rep. Stephanie Stahl-Hamilton, D-Tucson, introduced the bill that Gress motioned to revive, but it never received a hearing in any of the three committees it was assigned to in January. Stahl-Hamilton said it doesn't matter to her how the ban gets repealed, just that it does.

After House members returned from an hour-long break, she urged support for her bill.

“If the ban remains the law in Arizona, people will die," Stahl-Hamilton said. She argued there was no need to delay.

“We have a job to do," she said. "We’ve been on a weeklong break, this is the most important thing we can do this session. We don’t have time to wait.”

But Martinez pointed to the two-week delay the Supreme Court put on its ruling, as well as a 45-day stay agreed to in a related bill, and said there's no need to rush. Even if the law were repealed immediately, she said, it wouldn't take effect for nearly two months.

The issue needs thoughtful discussion that reflects all points of view, she said.

“We cannot have those discussions when the Democrats are screaming at us," she said. "They came at us like insurrectionists.”

She was later called out for impugning her Democratic colleagues and had to rephrase her criticism.

“We cannot do that if they our colleagues vote the way they did this morning," Martinez said.

De Los Santos, the Democrats' assistant leader, said his caucus will keep up the pressure for a repeal vote.

"We will do everything in our power to protect Arizonans from this territorial ban," he said. "It may look different on different days."

He said the takeaway from Wednesday's session was that the Republicans voted to protect the 1864 ban. "That's the message," he said.

Democrats on Wednesday wore shades of green, a color adopted by the international movement for abortion rights. Stahl-Hamilton said she was inspired to wear the color by a trip she took to Mexico, where abortion was decriminalized in 2023.

"Through South and Latin America there's been a green wave," Stahl-Hamilton said. "While we are continuing to move in a space that is more restrictive, they're moving into a space that's progressive."

Quick condemnation, Senate attempt fails

Gov. Katie Hobbs called the failure of House Republicans to advance a repeal bill "unconscionable." In the wake of the court's Tuesday decision, she called for an immediate repeal.

"The extremist Republican majority had the chance to do the right thing for their constituents, and they failed," she said in a statement. "As they have time and again, 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."

The Democratic Legislative Campaign Committee also condemned the inaction.

"This is why we need to flip the Legislature, pass the ballot initiative, and stop Republicans from taking away this right ever again," said Sen. Priya Sundareshan, a Tucson Democrat and co-chair of the committee.

But House Speaker Ben Toma, R-Glendale, called the Democrats' actions extreme and criticized them for trying to rush a vote on a complex and volatile issue.

“The issue of abortion and protecting the lives of the unborn is a very emotionally charged, complicated issue, one which many Arizonans and legislators fundamentally and ethically have firm beliefs," Toma said in a statement. He noted the court's ruling was 47 pages long and only one day old, reiterating many of Martinez's arguments that consideration of a repeal should not be done hastily.

"We as an elected body are going to take the time needed to listen to our constituents and carefully consider appropriate actions," he said.

Following the play for a repeal bill in the House, Senate Democratic Leader Mitzi Epstein of Tempe called for a "point of order" motion, hoping to request a rule change that would allow the late introduction of a bill to repeal the 1864 abortion ban.

Republicans quashed the motion as it was made and adjourned for the week. But Democrats disagreed that the adjournment met procedural rules.

It appeared for a few minutes that Democrats might force the Legislature back in session the same afternoon, but Epstein later said a House Rules attorney said Democrats didn't have the power to do that.

Reporter Ray Stern contributed to this article.

Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl. Reach the reporter at rpriest@gannett.com.