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.
After a long committee meeting and often-times emotional testimony from the public on a controversial bill to ban abortions on pregnancies of 20 or more weeks of gestation, lawmakers on the Senate Public Affairs Committee quickly tabled the legislation on a party line vote. Neither the committee chair nor vice chair—Sens. Jerry Ortiz y Pino or Bill O’Neill, both Democrats from Albuquerque—nor any of the three Republican members actually spoke about the issue during debate. And the three remaining Democrats—Sens. Mimi Stewart of Albuquerque, Liz Stefanics of Santa Fe and Jeff Steinborn of Las Cruces—kept their comments on the issue succinct before joining their other Democratic colleagues to table the bill.
A woman who underwent an abortion at Southwestern Women’s Options is suing the Albuquerque clinic for allegedly not informing her and receiving permission before providing fetal tissue from her terminated pregnancy for research at the University of New Mexico. The lawsuit, filed late last month in district court in Albuquerque, also accuses the clinic’s director, Curtis Boyd, and physician, Carmen Landau, of negligence for not informing Jessica Duran the fetal tissue would be donated for medical research. Landau, according to the lawsuit, treated Duran when she underwent an abortion in October 2012. “Women are supposed to be informed, supposed to be given information about the nature of the research, the benefits of the research, and given the opportunity to decide what happens,” Elisa Martinez, executive director of New Mexico Alliance for Life, which supports the lawsuit but is not part of the legal proceeding, said in an interview. Related: GOP congressional panel wants abortion investigation in NM
Martinez described the lawsuit as “a result” of public records requests Alliance for Life made with UNM and a congressional panel’s investigation into the Albuquerque health clinic.
An hours-long debate over legislation that would bar late-term abortions in New Mexico led to the same fate as last year—a Senate committee party line vote against the measures. The Senate Public Affairs Committee voted 5-4 to table two bills by Sen. Bill Sharer, R-Farmington, that would have banned surgical abortion procedures on viable fetuses at 20 weeks of gestation or more. One of the bills defines fetal viability as “when the life of the unborn child may be continued indefinitely by natural or artificial life-supportive systems.”
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Albuquerque is home to an abortion provider that practices the procedure into the third trimester of pregnancy. Sharer passed out pictures of his granddaughter Scarlett, who was born premature, to committee members during his presentation. He asked committee members what if Scarlett’s mother today was diagnosed with a terrible disease, evoking common arguments from pro-abortion rights advocates that late-term abortion procedures often involve pregnant women whose lives are in danger.