Some Republicans want to mitigate Arizona abortion ban. Democrats call it backpedaling

A handful of Arizona Republican lawmakers and officials called for action on Tuesday to mitigate the impact of a court decision reinstituting a 160-year-old ban on nearly all abortions in the state.

Former Gov. Doug Ducey, a Republican, called on officials to “address this issue with a policy that is workable and reflective of our electorate.”

Rep. Matt Gress, R-Phoenix, called on Republican leaders to immediately repeal the 160-year-old law, saying “the law cannot stand.” Sen. T.J. Shope, R-Coolidge, also called for a repeal of the law. Both lawmakers favored a ban on abortions after 15 weeks.

The statements, while made in reaction to a shocking court decision that will reverberate for months if not years, were dismissed by Democrats as GOP backpedaling.

The statements come during an election year in which Democrats have sought to make abortion rights a mobilizing issue to get voters to the polls. In addition to driving support for a state constitutional amendment on abortion rights, Democrats hope their policy positions will win favor with voters and tip the scales in competitive races on the ballot.

“Arizonans remember Gov. Doug Ducey and the Republican legislature pushing through a 15-week ban after Donald Trump was able to get Roe overturned,” Arizona Democratic Party Chairwoman Yolanda Bejarano said in a statement.

“Arizonans will usher in a pro-choice Democratic majority in our legislature, send Joe Biden back to the White House, and once again reject abortion extremism to secure the US House and Senate.” 

In 2022, while the U.S. Supreme Court was considering a case that later overturned abortion rights nationally, Arizona GOP lawmakers and Ducey enacted a ban on abortions after 15 weeks. It was more restrictive than what was allowed at the time in the Grand Canyon State, and supporters acknowledged it was a contingency plan to put a more stringent law in place if the U.S. Supreme Court permitted doing so.

Ducey said on social media Tuesday that he signed the 15-week law because it was “thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on.”

“The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of the people and address this issue with a policy that is workable and reflective of our electorate,” the former governor wrote.

Democrats say GOP backpedaling on Arizona abortion ban

Those words, however, drew the ire of Democrats who noted the 2022 law included language that it did not repeal the pre-statehood ban. The state’s top court relied on that language in upholding the 1864 law on Tuesday, banning abortions at any point in gestation except to save the life of the mother. A person who aids in an abortion can face prison time.

Also noted by Democrats were Ducey’s efforts to expand and pack Arizona’s top court when he was governor. Ducey in 2016 signed a bill to increase the court from five to seven justices — even though the justices opposed the expansion.

In his eight years as governor, Ducey appointed justices to five of the seven seats. The other two, who dissented from the majority decision on Tuesday, were named to the bench by former Arizona Gov. Jan Brewer, also a Republican.

The Arizona Republic requested an interview with Ducey, but a representative declined, saying Ducey stood by the statement.

At a news conference on Tuesday with female Democratic lawmakers in the state, Sen. Eva Burch, D-Mesa, and Rep. Stephanie Stahl-Hamilton, D-Tucson, called out Republican lawmakers as they began releasing statements against the territorial ban.

Stahl-Hamilton specifically called out Gress, who sponsored “fetal personhood” bills in 2023 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.

Gress disputed that those bills gave fetuses personhood rights akin to a separate state law dealing with abortion and shared a 2022 campaign flyer that says he opposes the pre-statehood abortion ban and supports exceptions for rape, incest and the life of the mother.

“This is about providing support, financial support and resources for women,” Gress said of his bills. “It’s about empowering women and protecting women. I’ve been pretty consistent in that.” 

Shope said the Arizona Supreme Court “ignored our legislative intent” in its ruling. Shope voted in favor of the 15-week law in 2022 and said he would work to repeal the 1864 law.

Burch shut down any idea of compromising with Republicans on ending the territorial ban in favor of the less strict 15-week ban.

“Am I willing to compromise the lives of pregnant people after 15 weeks to have the appearance of being diplomatic?” Burch asked. “Absolutely not.”

Burch made national headlines in March after revealing on the Senate floor that she was pregnant and obtained an abortion because her pregnancy was not viable.

Despite Republicans like Gress and Shope pledging support for the 15-week law instead of the 1864 ban, Burch said she doesn’t expect action from her Republican colleagues.

A bill to repeal the 1864 ban was introduced earlier this year and has made it nowhere in the GOP-majority Legislature. Lawmakers are convening once a week now and will have voting sessions on Wednesday.

“I really appreciate and respect my Republican colleagues; I co-sponsor bills with my Republican colleagues. We agree on some things, and we disagree on others,” Burch said. “Do I think that they are going to now become champions for reproductive health care because of this ruling and their fears about what the political consequences might be?

“Not even then, absolutely not.”

160-year-old law upheld: Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules

Republic reporter Mary Jo Pitzl contributed to this article.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

Reach reporter Reagan Priest at rpriest@gannett.com.