The third attempt at repealing Arizona’s 1864 abortion ban in the state House of Representatives succeeded Wednesday with some Republicans joining Democrats in passing the measure.
The measure, HB 2677, passed 32-28 with Reps. Matt Gress, R-Phoenix, Tim Dunn, R-Yuma, and Justin Wilmeth, R-Phoenix, joining Democrats.
Republican leadership in the House has blocked the measure for weeks with a procedural hangup that prevented the measure from being put up for a vote in the chamber. But Dunn joined Democrats and Gress in giving them enough votes to overcome the procedural block.
House Minority Leader Lupe Contreras, D-Avondale, said advancing the measure was never about undercutting Republican leadership and Speaker of the House Ben Toma, R-Peoria.
“We did what the people wanted us to do,” Contreras said. “They’ve been asking us for that for two weeks now.”
Dunn, Gress and Wilmeth were unavailable for comment after the House adjourned.
In a written statement, Dunn said he’s “deeply pro-life” and opposes the Arizona Abortion Access initiative that is expected to be on the November ballot, which would establish abortion access as a constitutional right in Arizona.
“Should this 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,” Dunn said. “Make no mistake, my vote today is the most pro-life vote I can possibly make, at a time when my colleagues and I are placed in a position to make such a difficult judgment call.”
Republicans attempted to block the abortion ban repeal Wednesday with a substitute motion after Gress motioned to bring the bill up for a vote. Rep. Alexander Kolodin, R-Scottsdale, attempted to place the bill in committee of the whole so Republicans could add a private right of action provision on the bill for the state’s 15-week abortion ban.
Kolodin said he thought his amendment is necessary because he doesn’t believe Gov. Katie Hobbs or Attorney General Kris Mayes will enforce the 15-week abortion ban.
“If we add a private right of action to the 15-week law just as Texas did to Texas’ abortion law, that ensures abortion will not be unlimited and unrestricted in the state of Arizona,” Kolodin said.
The bill’s sponsor Rep. Stahl Hamilton, D-Tucson, said Kolodin’s amendment was “hostile” and she preferred a “clean” repeal of the 1864 law. Kolodin’s motion failed with Gress and Dunn voting against it with Democrats.
Toma said he was disappointed following the House vote and he felt the bill had been rushed through the House before the courts could fully decide the constitutionality of the 1864 law. He called on Hobbs to rescind an executive order that prohibits county attorneys from bringing forward abortion-related charges.
“I am not optimistic that she or Attorney General (Kris) Mayes will uphold the will of the people or the rule of law,” Toma said. “Democrats are pushing radicalism and will not relent until Arizona recognizes abortion on demand and abortion through 9 months of pregnancy.”
Hobbs’ spokesman Christian Slater told The Arizona Capitol Times that the governor has no intention of rescinding her executive order.
“As long as I am Governor, I will do everything in my power to protect and expand reproductive freedom, and I will continue to serve as a backstop to the harmful legislation being pushed by extremists in an attempt to control women’s bodies,” Hobbs said in a written statement. “But there is more that needs to be done. I encourage every Arizonan to make their voice heard at the ballot box this November as Arizonans decide on enshrining reproductive freedoms in our state’s constitution.”
Tempers flared after the bill passed the House when Gress motioned for the measure to be immediately transmitted to the Senate and then immediately transmitted to Hobbs unamended.
House Speaker Pro Tempore Travis Grantham, R-Gilbert, said the motion was unnecessary and one he hadn’t seen in years.
“This is a ridiculous motion that sets a ridiculous precedence and drives a knife further into the wound of a body that just dealt with an awful, disgusting situation for more than three weeks,” Grantham said.
The motion failed 30-30 with Dunn voting with Republicans on the issue. Right before the House adjourned, Grantham announced Gress was removed from his committee assignment from the House Appropriations Committee and House Assistant Minority Leader Oscar De Los Santos, D-Laveen, was removed from his committee assignments on House Appropriations and the House Rules Committee.
Toma said he wasn’t considering committee changes for Dunn or Wilmeth. He said Gress was removed “because I’ve decided it.”
Contreras was unhappy that De Los Santos was removed from committee without his approval and said the decision from Republican leadership is “bullshit.”
De Los Santos helped lead some members of the Democratic caucus in shouting at Republicans on the House floor for refusing to take up an abortion vote on April 10.
“I’m not going to take it. I’m not going to stand for it,” Contreras said. “I’m tired of this. We want to work together. We want to run this floor the right way and we’ve stood with them … and now they want to call war on us.”
Contreras didn’t provide any specific details for how Democrats would respond but said anything is possible with 31 votes in the chamber.
Ahead of the Legislature reconvening, Sen. Anthony Kern, R-Glendale, Rep. Rachel Jones, R-Tuscon, and Rep. Barbara Parker, R-Mesa, held a press conference early Wednesday with other pro-life advocates where direct jabs were made at Republicans of both chambers who oppose a total abortion ban.
The panel also condemned pro-repeal lawmakers for curtailing the voice of the public by not bringing either repeal bills to committee, where public testimony is allowed.
“We want all the diversity of voices to be heard,” Parker said.
Kern said the repeal bills are “extremist,” and said the Republican party is “acting on fear.”
“We don’t believe polls when it benefits us, but we believe when we’re afraid that we’re going to lose a legislature,” Kern said. “I can tell you, if we stand strong on this, we will not lose the legislature. I can tell you this, we don’t deserve to win the legislature back.”
Pro-life protesters yelled “that’s right,” and “tell them.”
“If you are one of these Republicans, I won’t say their names, but they were pro-life a year ago,” Kern said, while he was interrupted by more shouts from the audience.
They shouted, “say their names,” and “Matt Gress!”
In a written statement after the House adjourned Wednesday, Gress said the House’s actions reflect the values of Arizonans.
“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,” Gress said.
Jones said the panelists are not against contraceptives. Rather, she said “there are other options,” such as adoption or getting help at a pregnancy center.
“This is not health care,” Jones said. “Health care does not have the goal of death.”
Other speakers included Mayra Rodriguez, a former Planned Parenthood employee turned whistleblower, and Roxana Ruiz, who said she previously had an abortion that she regretted. Conservative activist RC Maxwell also spoke, and he made direct jabs at Gress and Sen. Shawnna Bolick, R-Phoenix.
Former Rep. Athena Salman, who resigned from the Legislature to direct Arizona’s campaign for Reproductive Freedom for All, joined Democrat lawmakers at a press conference Wednesday to condemn the Republican majority for blocking efforts to repeal the abortion ban.
“The decision to get an abortion or seek any type of reproductive health care belongs in the hands of patients, their families and their providers, not politicians,” De Los Santos said. “The 1864 ban puts Anthony-speaking-in-tongues-Kern and Sonny-put-an-aspirin-between-your-knees-Borrelli between you and your doctors.”
When the panel opened for media questions, a pro-life protester began shouting at them, so the conference ended.
The Senate’s bill to repeal the abortion ban got its second reading in the chamber Wednesday. Now, identical bills to repeal the territorial-era abortion ban will be ready for a vote in the Senate when it reconvenes May 1. The legislation will then likely be transmitted to the Governor’s desk, unless Bolick and Sen. T.J. Shope, R-Coolidge, change their minds. They voted with Democrats April 17 to introduce the Senate version.
Toma said Republicans are still considering their options for sending alterative abortion ballot measures to voters.
Before Wednesday’s floor session, the House Rules committee approved a motion that would allow Republican leadership to introduce up to three resolutions, although no specific language for a measure has been prepared yet.
“We’re looking at all options. I don’t know what we’re going to do. We’re going to discuss it. We’re going to take our time to make sure it’s done right,” Toma said.
