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.
Reproductive healthcare and abortion access may be profoundly personal decisions, but changes to public policy in New Mexico could generate repercussions that extend far beyond the most private experiences of women across the state. According to recent analysis by the Guttmacher Institute, nearly one-in-four women in the United States have had or will have an abortion by age 45. And since Associate Supreme Court Justice Anthony Kennedy announced in June that he would retire July 31, attention to a 50-year-old New Mexico law has intensified. Dormant since Roe v. Wade legalized abortion in 1973, the statute would go back into effect if Roe is overturned, meaning anyone who performs an abortion in New Mexico could be charged with a 4th-degree felony. Read this story’s companion piece, “Midterms could be key, with New Mexico’s abortion rights protections at a crossroads,” here.
The social stigma attached to abortion means that many people don’t talk about it openly, said Planned Parenthood of New Mexico CEO Vicki Cowart in a recent interview, but there are millions of women for whom it has played a part in their personal and family histories.
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.
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.
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.
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.
New Mexico’s senators, both Democrats, reacted to President Donald Trump’s nomination of Neil Gorsuch to the U.S. Supreme Court. U.S. Sen. Martin Heinrich expressed concern over the refusal of Senate Republicans to hold hearings for Merrick Garland, the nominee of former President Barack Obama. Because of that, the U.S. Supreme Court has been one justice short for nearly a full year, after Justice Antonin Scalia died on Feb. 13, 2016. “After ignoring Judge Garland’s nomination for purely partisan reasons, Senate Republicans are already talking about changing the Senate rules to confirm Trump’s nominee if Democrats don’t simply defer,” Heinrich wrote in a statement.
As the country’s highest court decides whether to uphold a controversial Texas law restricting abortion access, New Mexico advocates on both sides of the issue await the impact of the decision. The Texas law, known as HB2, requires all abortions be performed in hospital-like ambulatory surgical centers and all facilities that practice surgical abortions to have admitting privileges to a hospital located within 30 miles. Twenty-two of Texas’ 41 abortion clinics have closed since the state passed HB2 in 2013. Aside from El Paso, no abortion clinics currently operate in the entire western half of the country’s second-largest state. Because of this, many abortion rights advocates argue that HB2 has already impacted New Mexico and that a U.S. Supreme Court decision to keep the law could create a new precedent.