Arizona's Democratic governor signs a bill to repeal 1864 ban on most abortions

PHOENIX (AP) — Democratic Arizona Gov. Katie Hobbs has relegated a Civil War-era ban on most abortions to the past by signing a bill Thursday to repeal it.

Hobbs says the move is just the beginning of a fight to protect reproductive health care in Arizona. The repeal of the 1864 law that the state Supreme Court recently reinstated won't take effect until 90 days after the legislative session ends, which typically happens in June or July.

Abortion rights advocates say they're hopeful a court will step in to prevent what could be a confusing landscape of access for girls and women across Arizona as laws are introduced and then reversed.

The effort to repeal the long-dormant law, which bans all abortions except those done to save a patient’s life, won final legislative approval Wednesday in a 16-14 vote of the Senate, as two GOP lawmakers joined with Democrats.

Hobbs denounced “a ban that was passed by 27 men before Arizona was even a state, at a time when America was at war over the right to own slaves, a time before women could even vote."

“This ban needs to be repealed, I said it in 2022 when Roe was overturned, and I said it again and again as governor,” Hobbs said during the bill signing.

In early April, Arizona's Supreme Court voted to restore the 1864 law that provided no exceptions for rape or incest and allows abortions only if the mother's life is in jeopardy. The majority opinion suggested doctors could be prosecuted and sentenced to up to five years in prison if convicted.

Democrats, who are the minority in the Legislature, struck back with the help of a handful of Republicans in the House and Senate to advance a repeal in a matter of weeks to Hobbs' desk.

A crowd of lawmakers — mostly women — joined in the signing ceremony with celebratory airs, including taking selfies and exchanging congratulations among Democrats.

The scene stood in sharp contrast to Wednesday's vote in the Senate that extended for hours as Republicans described their motivations in personal, emotional and even biblical terms — including graphic descriptions of abortion procedures and amplified audio recordings of a fetal heartbeat.

Meanwhile, across the country, an abortion rights initiative in South Dakota submitted far more signatures than required to make the ballot this fall. In Florida, a ban took effect against most abortions after six weeks of pregnancy, before many people even know they are pregnant.

In Arizona, once the repeal takes effect in the fall, a 2002 statute banning abortion after 15 weeks of pregnancy will become the state's prevailing abortion law.

Whether the 1864 law will be enforced in the coming months depends on who is asked. The anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court's decision becomes final, which hasn't yet occurred.

Planned Parenthood Arizona filed a motion Wednesday asking the court to prevent a pause in abortion services until the repeal takes effect. Democratic Attorney General Kris Mayes has joined in that action.

The Supreme Court set deadlines next week for briefings on the motion.

On Thursday, former Democratic state Rep. Athena Salman celebrated approval of the repeal she initially proposed in 2019 — three years before Roe v. Wade was overturned.

Until then, Arizona's near-total abortion ban had been blocked because the U.S. Supreme Court decision guaranteed the constitutional right to an abortion nationwide. Then-Attorney General Mark Brnovich, a Republican, swiftly made a case for enforcing the 1864 ban.

Still, the law hasn't been carried out because it was stuck in legal limbo until the Arizona Supreme Court weighed in.

Salman, who resigned in January to lead an abortion rights group, said she can’t stop thinking about what the repeal means for her daughters.

"Future generations will not have to live under the restrictions and the interference that we have had to experience,” she said.

Arizona Rep. Stephanie Stahl Hamilton, a Democrat who was key in repealing the ban, said she spent her early years on the Navajo Nation where her parents were schoolteachers and saw firsthand people being denied reproductive rights. The main health care option on the reservation is the Indian Health Service, which operates under the Hyde Amendment that bars the use of federal funding for abortions except in cases of rape, incest or threats to the patient's life.

She said she also watched her sister-in-law struggle with two difficult pregnancies, one that resulted in a stillbirth and a nonviable one in which “they had to make the heartbreaking decision to terminate that pregnancy, because there was no brain development.”

President Joe Biden’s campaign team believes voters' anger over the fall of Roe v. Wade gave him the political advantage in battleground states like Arizona, where he beat former President Donald Trump by about 10,000 votes.

The issue has divided Republican leaders.

People in the gallery of the Arizona Senate on Wednesday jeered and interrupted Republican Lawmaker Shawnna Bolick as she explained her vote in favor of the repeal.

Republican lawmakers more broadly are considering putting one or more abortion proposals on the November ballot. Such efforts could compete with Democratic-backed efforts to enshrine abortion access in the state constitution — up until a fetus could survive outside the womb, typically around 24 weeks, with some exceptions — to save the patient's life, or to protect her physical or mental health.

Dr. Ronald Yunis, a Phoenix-based obstetrician-gynecologist who also provides abortions, called the repeal a positive development for patients who might otherwise leave Arizona for medical care.

“This is good for ensuring that women won’t have to travel to other states just to get the health care they need,” Yunis said. “I was not too concerned because I have a lot of confidence in our governor and attorney general. I’m certain they will continue finding ways to protect women.”

This story has been updated to correct how the second of the two difficult pregnancies Arizona Rep. Stephanie Stahl Hamilton's sister-in-law experienced ended. The second pregnancy was terminated as it was nonviable; it did not result in a stillbirth.

Ariz.. Rep. Stephanie Stahl Hamilton, takes a selfie with Arizona Gov. Katie Hobbs, after Hobbs signed the repeal of the Civil War-era near-total abortion ban to Thursday, May 2, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal the ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Arizona Gov. Katie Hobbs, D, signs the repeal of the Civil War-era near-total abortion ban, Thursday, May 2, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal the ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Arizona Gov. Katie Hobbs signs the repeal of the Civil War-era near-total abortion ban, Thursday, May 2, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal the ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Arizona Rep. Stephanie Stahl Hamilton speaks prior to Arizona Gov. Katie Hobbs, signing the repeal of the Civil War-era near-total abortion ban, Thursday, May 2, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Arizona State Senator Anna Hernandez, D-District 24, speaks prior to Arizona Gov. Katie Hobbs signing the repeal of the Civil War-era near-total abortion ban, Thursday, May 2, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal the ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Arizona Gov. Katie Hobbs smiles after signing the repeal of the Civil War-era near-total abortion ban, Thursday, May 2, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal the ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

FILE - The Arizona Senate building at the state Capitol stands, April 11, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)

FILE - Pro-life demonstrators walk in the front of the Arizona Capitol prior to the vote on the proposed repeal of the state's near-total ban on abortions prior to winning approval from the state House on, April 24, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)

Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Anti-abortion supporters stand outside the Capitol, Wednesday, May 1, 2024, in Phoenix. (AP Photo/Matt York)

Democratic Arizona state senator Anna Hernandez, D-District 24, left, hugs a colleague after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Arizona state senator Jake Hoffman, R-District 15, speaks Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)

Democratic Arizona state senators hug after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Arizona state senator Eva Burch, D-District 9, looks on, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Arizona state senator J. D. Mesnard, R-District 13, plays audio of a heart beat from his cell phone, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Arizona state senator Jake Hoffman, R-District 15, motions as he speaks to the Senate President, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)

HOUSTON (AP) — Fast-moving thunderstorms pummeled southeastern Texas on Thursday for the second time this month, killing at least four people, blowing out windows in high-rise buildings, downing trees and knocking out power to more than 850,000 homes and businesses in the Houston area.

Officials urged residents to keep off roads, as many were impassable and traffic lights were expected to be out for much of the night.

“Stay at home tonight, do not go to work tomorrow, unless you’re an essential worker. Stay home, take care of your children,” Houston Mayor John Whitmire said in an evening briefing. “Our first responders will be working around the clock.”

The mayor said four people died. At least two of the deaths were caused by falling trees, and another happened when a crane blew over in strong winds, officials said.

Streets were flooded, and trees and power lines were down across the region. Whitmire said wind speeds reached 100 mph (160 kph), “with some twisters.”

Hundreds of windows were shattered at downtown hotels and office buildings, with glass littering the streets below, and the state was sending Department of Public Safety officers to secure the area.

“Downtown is a mess,” Whitmire said.

There was a backlog of 911 calls that first responders were working through, he added.

The storm system moved through swiftly, but flood watches and warnings remained for Houston and areas to the east.

Flights were briefly grounded at Houston's two major airports. Sustained winds topping 60 mph (96 kph) were recorded at Bush Intercontinental Airport.

About 855,000 customers were without electricity in and around Harris County, which contains Houston, according to poweroutage.us. The county is home to more than 4.7 million people.

The problems extended to the city's suburbs, with emergency officials in neighboring Montgomery County describing the damage to transmission lines as “catastrophic” and warning that power could be impacted for several days.

The Houston Independent School District canceled classes Friday for all its 274 campuses.

Heavy storms slammed the region during the first week of May, leading to numerous high-water rescues, including some from the rooftops of flooded homes.

A boy walks past a large tree that fell on a home after heavy wind and rain ripped through the region Thursday, May 16, 2024, in Houston. (Jason Fochtman/Houston Chronicle via AP)

Transmission power lines are down near the Grand Parkway and West Road after a storm Thursday, May 16, 2024, in Cypress, Texas. (Melissa Phillip/Houston Chronicle via AP)

Transmission power lines are down near the Grand Parkway and West Road after a storm Thursday, May 16, 2024, in Cypress, Texas. (Melissa Phillip/Houston Chronicle via AP)