It’s been three years since I began work for NM Political Report focused on politics and what are often referred to as “women’s issues.” It’s phrasing I reflexively shy away from, as there are few issues not relevant to women. Areas like reproductive health and access relate to everyone, regardless of background and gender identity—they’re relevant to every family, no matter their composition or belief systems.
Yet many public policies have disproportionate effects on women and families with children. Protections for pregnant workers, for example, were among the proposals I followed in 2015 and were among the many which failed to garner enough support from lawmakers. I also covered public policy and discourse related to abortion, which bears heavy baggage in simple utterance of the word. Then, the local atmosphere surrounding abortion felt both disconcertingly polarized and exhausted.
Two hours of emotional testimony from New Mexicans on both sides of the abortion debate did not seem to change anyone’s mind at the Legislature on Saturday, as a House committee voted along party lines to block a bill that would have required abortion providers to notify parents before their child undergoes the procedure. The Republican sponsors behind House Bill 56 said the measure was a simple step to ensure minors make informed decisions with their parents before getting an abortion. But critics countered that the measure would hamper the rights of young women in making an intensely personal decision and delay care for patients. The House Consumer and Public Affairs Committee tabled the bill on a 3-2 vote, with Democrats on the prevailing side. The bill would have required abortion providers to contact a minor patient’s parent or guardian by a certified letter delivered via courier at least 48 hours before their child undergoes the procedure.
A state investigation prompted by a congressional panel and anti-abortion activists found no criminal wrongdoing by Southwestern Women’s Options (SWWO) or the University of New Mexico Health Sciences Center over fetal tissue donations. New Mexico Attorney General Hector Balderas sent letters to the members of the House Select Panel on Infant Lives, including chairwoman Marsha Blackburn, R-Tennessee. Blackburn complained to Balderas last June that SWWO appeared to have violated two state laws: The Jonathan Spradling Revised Uniform Anatomical Gift Act, or Spradling Act, and the Maternal, Fetal and Infant Experimentation Act (MFIEA). After its months-long investigation, the Attorney General’s office said donations from SWWO to UNM did not violate either law. “We are pleased that the New Mexico Attorney General confirmed that the University of New Mexico did not violate any state laws,” UNM Health Sciences Center spokeswoman Alex Sanchez told NM Political Report in a statement.
If Curtis Boyd lives by one professional mantra, it’s this: Unless a woman has full autonomy over her body, she lacks full citizenship and lives instead as a second-class citizen. The controversial and celebrated abortion provider explains this thoughtfully on a hot, dry Fourth of July day in his Albuquerque office. A wiry man of 80 years, Boyd wears a gray surgical gown and says he’s working the holiday because the type of procedure that his clinic, Southwestern Women’s Options, is known for requires multiple days. The clinic sits near I-25 on Lomas Boulevard, a crowded east-west thoroughfare on the edge of downtown Albuquerque. Across the street looms a pink billboard paid for by the group Prolife Across America.
Though Dr. Curtis Boyd spent five years before Roe v. Wade risking time in jail and his medical license by performing abortions, he says things got worse after the landmark ruling legalizing abortion across the country. At first, he says the anti-abortion movement wasn’t given much credence. But he points to the election of Ronald Reagan and the Republican Party’s embrace of a stance against abortion access as a turning point. During the 1980s, Boyd says protesters often swarmed his car to block his exit from the clinic parking lot. His staff, eyewitnesses to the protests, would call the cops to intervene.
Two advocacy organizations filed discrimination complaints against an Albuquerque Walgreens pharmacy for allegedly refusing to fill a birth control prescription. The complaint, sent to the New Mexico Human Rights Bureau, was written by the American Civil Liberties Union of New Mexico and the Southwest Women’s Law Center. The organizations allege a pharmacy employee at a store on Coors Boulevard refused to fill a misoprostol prescription to a teenage woman who was at the store with her mother last August, citing personal reasons. This refusal, according to two complaints, violates the New Mexico Human Rights Act, which bars discrimination based on sex. “Refusing to fill prescriptions that are directly tied to the attributes that make women different from men—i.e. the ability to become pregnant—constitutes sex discrimination,” the complaints read.
Three Planned Parenthood clinics in New Mexico—one in Albuquerque, one in Rio Rancho and one in Farmington—will close by this fall. Whitney Phillips, a spokeswoman for Planned Parenthood of the Rocky Mountains, which oversees clinics for the women’s health provider in New Mexico, Colorado, Wyoming and Nevada, attributed the closures to “reduced patient volume” and challenges in the healthcare industry. “There’s no secret that the reproductive health landscape right now is tough,” she said, referring to the “defund Planned Parenthood” campaigns from opponents of abortion. None of the three clinics slated to close perform surgical abortions. She also ascribed some of the troubles to the federal Affordable Care Act, which “impacted the way we operated, the way we bill things.” Still, she said Planned Parenthood still supports ACA “because the more people with insurance, the better.”
The coming closures will drop the number of New Mexico Planned Parenthood clinics from six to three by this September.
Anti-abortion advocates from across the country held a press conference in Albuquerque Wednesday morning denouncing New Mexico’s flagship university for its fetal tissue donation practices. Among those who spoke at the event were Rep. Marsha Blackburn, R-Tennessee, New Mexico Rep. Steve Pearce, a Republican and Washington D.C. attorney Catherine Glenn Foster. Blackburn, who chaired the controversial congressional Select Panel on Infant Rights, said she came to “join my colleague in the House [of Representatives] and those in New Mexico that have worked on the issue of life.”
The Select Panel released a report in January faulting the University of New Mexico for lacking protocols to “ensure the survival of infants who show signs of life following extraction from the uterus.” It also scrutinized UNM’s relationship with Southwest Women’s Options, an abortion provider that has donated fetal tissue to the university for scientific research. Supporters of abortion rights, as well as minority Democrats in the Select Panel, have dismissed the report and the panel’s investigation for using “McCarthy-era tactics” to conduct “an end-to-end attack on fetal tissue donation and women’s health care.”
Pearce contended that “the laws are clear” and that “we’re simply stating, ‘Do not violate the law.’”
The Select Panel made 15 criminal referrals for its research of abortion providers and educational institutions across the country, including to New Mexico Attorney General Hector Balderas. To date, Balderas has not acted on the referral to his office.
After the 2017 general legislative session adjourned, Gov. Susana Martinez vowed to veto any tax increases and to call legislators back to the Roundhouse for a special session soon to redo the budget. Democrats said their package would avoid any further cuts to education, which has seen several slashes in recent years because of declining revenue to the state. The governor’s office says a state government shutdown could happen as early as next month. This story also appears in this week’s edition of the Alibi. In a post-session press conference, Martinez blamed lawmakers, saying some “failed to do their jobs this session.” Her tone capped a tense few days between her office and the Legislature.
A Democratic-majority House committee voted along party lines Thursday afternoon to remove pre-Roe v. Wade language in state statute that criminalizes abortion practices. The original state law, passed in New Mexico in 1968, makes “criminal abortion” subject to a fourth-degree felony. It defines “criminal abortion” as any action or attempt at an “untimely termination” of a pregnancy that is not “medically justified.” A medically justified abortion, according to state law, is limited to abortions in cases of pregnancy from rape, incest or when the pregnant woman’s life is in danger. The landmark 1972 Roe v. Wade decision, which legalized abortion in most cases across the country, made state laws like this obsolete. Related story: House committee stalls another round of abortion bills
But proponents of the bill to strike the old state statute argue that the state language would go right back into law should the U.S. Supreme Court change Roe v. Wade in the future.