Anti-abortion activists praised the U.S. Department of Justice for sending several criminal referrals to the FBI with allegations that the University of New Mexico Hospital and Southwest Women’s Options conducted illegal activities related to fetal tissue donations. In a letter last week, Assistant U.S. Attorney General Stephen Boyd addressed concerns U.S. Rep. Steve Pearce raised in September. Pearce is New Mexico’s lone Republican member of the delegation. “This is a serious matter, and the Department takes these referrals seriously,” Boyd wrote to the congressman. “The Department has brought each of these referrals to the attention of the Federal Bureau of Investigation (FBI) for review and any appropriate follow-up action.”
The issue goes back to a 2015 video that allegedly showed that Planned Parenthood profited from the sale of fetal tissue.
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.
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.
This week in the Legislature may see some debate regarding abortions and whether or not doctors should have a role in family discussions. Earlier this month, Gov. Susana Martinez outlined her legislative priorities in her State of the State address. In addition to presenting her six-point-plan to bolster the state’s economy, she also called for legislators to tackle certain issues during the 30-day legislative session. She encouraged them to pass bills related to education reform and expanded criminal penalties. Legislators have introduced a handful of bills related to abortion, but she skirted the issue in her speech.
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.
Last week, 65 administration nominees — including four to Health and Human Services — sailed through the Senate confirmation process by unanimous vote without any debate. One candidate left out was Dr. Brett Giroir, a Texas physician, who is the president’s choice for assistant secretary of health. Now, shedding light on their reservations, Senate Democrats are saying that Giroir’s testimony before the Health, Education, Labor and Pensions Committee left them skeptical that he would support women’s health programs, which they say are under threat. The Democrats are insisting on a roll call vote on the Senate floor — after the Senate reconvenes Sept. 5. The position for which Giroir is nominated includes oversight of the Office of Population Affairs, which administers Title X grants, and the Office of Adolescent Health, which oversees the Teen Pregnancy Prevention Program.
Planned Parenthood of the Rocky Mountains says they received enough donations to keep its Farmington health center open. Five months ago, the organization announced the Farmington location would be one of three in the state to close by this fall. “We cannot begin to express our gratitude to the people of Farmington and their commitment to reproductive health care access in New Mexico,” Vicki Cowart, President and CEO of Planned Parenthood of the Rocky Mountains said in a statement. “We know how important access to reproductive care is for our rural communities, and today we celebrate being able to keep this health center open, thus ensuring access to care for women, men, and young people in Farmington and the surrounding areas.”
The health center does not perform surgical abortions. In May, the organization announced it needed to close three health centers in New Mexico, including locations in Farmington, Albuquerque and Rio Rancho.
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.