Eight Senate Democrats joined with Republicans Thursday evening to defeat a measure that would have removed a currently non-enforceable ban on abortion. State Representatives Joanne Ferrary, D-Las Cruces, and Georgene Louis, D-Albuquerque, sponsored House Bill 51. which would repeal a 1969 state law which made both performing and receiving an abortion fourth-degree felonies, except with special permissions. The law is currently unenforceable because of the landmark Roe v. Wade U.S. Supreme Court decision which federally recognized the right to have an abortion. “We’re terribly disappointed,” Ferrary said.
A legislative committee on Tuesday blocked a bill that would have restricted late-term abortions in New Mexico and ensured that minors seeking an abortion obtain parental support. The House Consumer and Public Affairs Committee also voted to stop a bill that would allow hospitals and medical professionals to opt out of performing an abortion for moral or religious reasons stalled in the committee. The 3-2 votes fell along party lines in both cases, with Democrats outnumbering Republicans. The action came as no surprise, given the House of Representatives’ recent support for House Bill 51, which would repeal an unenforceable 50-year-old law that made it a fourth-degree felony to perform an abortion in New Mexico. That measure cleared the House on a 40-29 vote, with six Democrats joining Republicans in opposition.
The bill to repeal a currently unenforceable ban on abortion in New Mexico passed the Senate Public Affairs Committee 4-2 along party lines Saturday afternoon and now advances to the Senate Judiciary Committee. Rep. Joanne Ferrary, D-Las Cruces, and Georgene Louis, D-Albuquerque, sponsored the bill, which would repeal a 1969 state law which made both performing and receiving an abortion fourth-degree felonies, except with special permissions. The law is currently unenforceable because of the landmark Roe v. Wade Supreme court decision which federally recognized the right to have an abortion. The committee hearing lasted just over two hours, and the room was filled to the brim and required overflow seating. Supporters and opponents of HB 51 were ushered in through separate doors and asked to keep public comment civil and short.
The abortion debate is headed to the state Senate. If passed, House Bill 51 would repeal a 1969 state statute which made both receiving and performing abortions a fourth-degree felony in most cases. The effort passed the state House on a 40-29 vote Wednesday night. The bill, sponsored by Reps. Joanne Ferrary, D-Las Cruces, and Georgene Louis, D-Albuquerque, would repeal the 1969 law, which is not enforceable because of the landmark Roe v. Wade U.S. Supreme Court decision.
New Mexico took a small step towards removing a currently unenforceable state law criminalizing abortion Saturday. House Bill 51 (HB 51) — which repeals a 1969 statute that made receiving and performing abortion a fourth-degree felony — passed the the House Consumer and Public Affairs Committee by a 3-2 vote along party lines. New Mexico is one of nine states with a statute criminalizing abortion. The landmark Roe v. Wade U.S. Supreme Court decision made the state law unenforceable. The House Consumer and Public Affairs Committee started just after 8:30 a.m. The hearing was moved to the House floor due to interest in the bill, and public comment lasted for over three hours.
Lawmakers could first pre-file legislation for next month’s upcoming legislative session on Monday and some got a jump on what’s expected to be a busy 60-day session starting in January. Rep. Joanne Ferrary, D-Las Cruces, announced the pre-filing of HB 51, a bill that would remove the pre-Roe v. Wade state statute criminalizing abortion except in cases of rape or incest. New Mexico is currently one of nine states with a statute criminalizing abortion. After the Roe v. Wade Supreme Court decision, the landmark federal case that legalized the practice, state law was suspended. If the decision is overturned, abortion would be a fourth-degree felony in New Mexico.
Planned Parenthood is expanding to El Paso for the first time in nearly 10 years, which supporters say will make abortion access easier for women in Southern New Mexico. Marshall Martinez, the public affairs manager for Planned Parenthood Votes New Mexico, told NM Political Report while it still isn’t convenient for people in Las Cruces to drive to El Paso, the new clinic will be an additional resource for southern New Mexico. “This would provide an additional point of access, closer than Albuquerque, which is needed for the community down there,” Martinez said. Planned Parenthood currently has two clinics that provide abortion services in New Mexico. One in Albuquerque, and the other in Santa Fe.
During a sit-down earlier this month in the sparse Albuquerque administrative office for Planned Parenthood of New Mexico, CEO Vicki Cowart wondered aloud if the U.S. Supreme Court’s Roe v. Wade decision had lulled much of the public into taking legal abortion for granted. Here in New Mexico, abortion access has been solidly maintained by decades of activism by rights proponents and their collaborations with supportive elected officials. “Two generations of women have grown into adults with this not being an issue,” said Cowart. Yet two generations of women have seen gradual rollbacks in abortion rights and access in many other states across the country, where anti-abortion activists intent on ending the practice have been doggedly, methodically successful. Read this story’s companion piece, “NM state law, the U.S. Supreme Court and abortion access” here.
Supreme Court Justice Anthony Kennedy has served as a swing vote in the U.S. Supreme Court on some issues including the decision not to overturn Roe v. Wade, but a new, more conservative replacement could change that. If the ruling is overturned, each state would decide on the legality of abortion. New Mexico is one of ten states where a pre-Roe law means abortion would be illegal if the landmark case were overturned. Overturning Roe v. Wade has been a conservative goal for decades and Students for Life President Kristan Hawkins told NPR this week that Kennedy’s retirement pushed them on the brink of success. “In New Mexico, we have an old statute on the books from pre Roe v. Wade,” explained State Rep. Joanne Ferrary, D-Las Cruces.
Last month, Albuquerque-based anti-abortion missionaries Bud and Tara Shaver and the University of New Mexico branch of Students for Life co-sponsored a screening of a documentary promoted as a way to “start a healthy conversation” about abortion. Someone chalked sidewalks outside the university campus venue with phrases like “Support unbiased research” and “Abortion does not cause breast cancer.” Tara told me she’d invited several pro-choice groups and was disappointed none of their members attended. What she didn’t mention was that the documentary itself had already been decried by medical experts as misleading, unfair and emotionally manipulative—a form of conspiracy thinking rendered in film. Two weeks after the screening, Tara told me she’d read an article I wrote in February about a Massachusetts project that in the 1990s helped bridge extreme rifts between local abortion activists. Tara thought another showing of the documentary could promote civil discourse about a severely polarizing issue.