Don't be conned: Arizona's 1864 abortion ban was not actually repealed

You’ve been conned.

At least if you fell for the news reports claiming that Arizona’s 1864 abortion ban has been repealed. If that is something you believe happened then, yeah, totally conned.

And the people who conned you know it.

They know there was no emergency clause placed in the bill the repeal the 1864 abortion ban, which means it won’t go off the books until 90 days after the Legislature adjourns.

Months from now.

Mayes will try to stop the old abortion law

In the meantime, the ban on abortions except to save a mother’s life, with prison time for anyone who facilitates the procedure, will be the law in Arizona.

Arizona Attorney General Kris Mayes is going to try to keep that from happening.

In a statement after the state Senate voted to repeal the law, she said in part, “Without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year.

“Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect.”

Unless and until she succeeds, the repeal is a farce.

Democrats needed a couple of Republicans to go along with the repeal in order to get it passed. I’d guess they wouldn’t have found them if the legislation had an emergency clause.

Reproductive rights remain in politicians' hands

As it is, the repeal makes it look to the world outside of Arizona that we’ve shelved the brutal old law, but we haven’t.

Not yet.

And it gives time for Republicans who control the Legislature to pass resolutions that will get on the November ballot and — they hope — confuse people who would otherwise vote for the citizens’ initiative called the Arizona Abortion Access Act.

Scottsdale is epicenter: Of anti-abortion earthquake

In a statement, Cheryl Bruce, campaign manager of Arizona for Abortion Access, said, “Our campaign continues with as much momentum as when we started because the threats to our freedoms are just as grave.

“If the past few weeks have made anything clear to Arizona voters, it’s that the only way to restore abortion access here is by winning at the ballot box this November.”

If initiative fails, it could be 1864 all over again

She’s right. There is plenty of proof by now that politicians shouldn’t be making decisions about women’s reproductive health.

And even when the 1864 law expires Arizona still will have a law on the books that limits abortion to 15 weeks and allows no exceptions for rape or incest.

The issue isn’t close to being resolved. And in the end, it’s about trust.

If the citizens’ initiative passes, abortion access will be in the Arizona Constitution and the politicians will have been taken out of the argument.

If it doesn’t, and Republicans who control the Legislature also win the governor’s office, it could be 1864 all over again.

Reach Montini at [email protected].

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This article originally appeared on Arizona Republic: Arizona 1864 abortion law was NOT repealed, actually