Called historic, New Mexico decriminalized abortion on Friday when Gov. Michelle Lujan Grisham signed the Respect New Mexico Women and Families Act into law, after years of efforts by abortion rights supporters. SB 10 repeals the 1969 statute that criminalized abortion by banning it with very few exceptions.
Lujan Grisham said “a woman has the right to make decisions about her own body.”
“Anyone who seeks to violate bodily integrity, or to criminalize womanhood, is in the business of dehumanization,” Lujan Grisham said in a statement. “New Mexico is not in that business – not any more. Our state statutes now reflect this inviolable recognition of humanity and dignity. I am incredibly grateful to the tireless advocates and legislators who fought through relentless misinformation and fear-mongering to make this day a reality.
The bill that would repeal a state statute that criminalizes abortion care in New Mexico is now headed to Gov. Michelle Lujan Grisham’s desk after the House of Representatives passed it on a 40 to 30 vote. This is a priority bill for Lujan Grisham and she has indicated that she would sign it into law.
The House of Representatives took up SB 10 instead of HB 7, which are mirror bills. SB 10 already passed the state Senate by a vote of 25 to 17 on February 12, and was amended to clarify the bill’s title. Each chamber must pass identical legislation before it can be sent to the governor. Related: In historic turn, state Senate passes abortion ban repeal
Just as during the Senate floor debate, Republicans in the House attempted to amend the bill and argued for hours over keeping the section of the law that is considered by some healthcare workers as a refusal clause.
The bill to repeal the antiquated abortion ban is now one step from heading to the governor’s desk. SB 10, which was amended in the Senate, passed along party lines in an 8 to 4 vote Monday in the House Judiciary Committee. State Sen. Peter Wirth, D-Santa Fe, amended the bill on the Senate floor Thursday to add the names of the sections the bill would repeal for clarity. Related: In historic turn, state Senate passes abortion ban repeal
Otherwise, SB 10 is a mirror bill to HB 7, which is already on the House floor agenda. The House convenes again Tuesday at 11 a.m.
Daniel Marzec, communications director for the Office of the Speaker Brian Egolf, said by email Monday that the House would not hear HB 7 on Tuesday, the next day that the House is scheduled to meet on the House floor.
Two years after a group of conservative Democrats, along with Republicans voted against decriminalizing abortion care, the state Senate passed SB 10 Thursday, 25 to 17. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is called the Respect New Mexico Women and Families Act and has a mirror bill, HB 7, sponsored by Rep. Micaela Lara Cadena, D-Mesilla. The two bills remove three sections from the criminal code which, in 1969, banned abortion with some limited exceptions. The law has repeatedly been called archaic and advocates for its repeal said it included language contrary to how medicine is currently practiced. While the law is currently unenforceable, reproductive rights advocates have said that given the conservative bloc on the U.S. Supreme Court, Roe v. Wade could be gutted in the next few years.
One of the recurring arguments raised by opponents decriminalizing abortion in the state is that healthcare providers might leave out of fear they will be forced to perform an abortion. But that’s not the case, advocates say. HB 7 and SB 10 would remove three sections of the criminal code, ensuring medical workers would not be penalized with a fourth-degree felony for providing an abortion if the U.S. Supreme Court decision Roe v. Wade is overturned. Lawmakers criminalized abortion in 1969 and though it has been federally legal since 1973, the state law has remained on the books. Legal and health experts have repeatedly said in committee hearings that there are protections in place in various state and federal laws that allow a health care provider to refuse treatment based on personal conviction.
A Roswell Republican who voted in favor of repealing an antiquated anti-abortion law has left the GOP. State Rep. Phelps Anderson, who broke ranks with his party in the vote last week on a 1969 bill that criminalizes abortion, has changed his voter registration to a “declined to state,” House Minority Leader Jim Townsend confirmed Friday. “I received a letter from him, and I have had a conversation with him, and he has left the Republican Party,” Townsend said. Anderson declined a request for an interview. “Sorry,” he wrote in a text message late Friday.
With a new set of members in the state Senate, a bill to repeal the New Mexico 1969 abortion ban is expected to be filed in the upcoming New Mexico Legislature. Six Democrats who support abortion rights beat Republicans in November, in some cases after defeating anti-abortion Democrats in June’s primary, for state Senate seats, tipping the balance of power further to the left in the upper chamber. The state Senate defeated the 2019 effort to repeal the antiquated state law that bans abortion with few exceptions. Related: State Senate shifts left with progressive wins
Of the eight Democrats who sided with Republicans on the repeal vote two years ago, only two remain: state Sen. George Muñoz, D-Gallup, and state Sen. Pete Campos, D-Las Vegas. Incoming state Senators Carrie Hamblen, Siah Correa Hemphill and Leo Jaramillo, all progressive Democrats who ran on reproductive health, defeated their incumbent Democrat opponents in the primary and then won again in November against their Republican challengers.
Reproductive rights advocates picked up six more votes in the state Senate. Sarah Taylor-Nanista, executive director of Planned Parenthood of the Rocky Mountain Action Fund, called it “a really good night for abortion access in New Mexico.”
Democrats picked up three seats in the state Senate, according to unofficial results. Those seats are state SD 10, which Democrat Katy Duhigg won over Republican Candace Gould. State SD 20, which Democrat Martin Hickey took, defeating the Republican candidate and taking a seat formerly held by Republican William Payne. The Democrats also won state SD 23, with Democrat Harold Pope Jr., who took the seat when he defeated Republican incumbent Sander Rue.
Spurred by accounts of an Albuquerque hospital found to discriminate against Native pregnant women in the early months of the pandemic, a group of reproductive experts formed a guideline on perinatal care during emergencies. Charlene Bencomo, executive director of the nonprofit Bold Futures, said the news stories of an Albuquerque hospital that was found to discriminate against Native women based on the zip codes they lived in earlier in the pandemic brought the group of 12 New Mexico-based organizations together over the summer to produce the guidelines. The 10-page document called Perinatal Emergency Recommendations, Considering Disparities and Outcomes: COVID-19 and Beyond, offers comprehensive information for health care providers on how to care for pregnant people who are Indigenous, Black, Latinx and people of color, Bencomo said. Several doula, breastfeeding, midwife, birthing centers and other organizations that provide midwife, doula and other reproductive care participated in the guidelines. The guidelines range from prenatal care to labor and delivery to postpartum care, including breastfeeding.
When Neomi Martinez-Parra heard her doctor tell her she needed an abortion about 14 years ago, she went numb. Martinez-Parra, 51, talked to NM Political Report this week about the story of her pregnancy and her abortion because she feels it is important for her to talk about her experience. “I was so embarrassed and ashamed to talk about it,” she said. “Now I’m running for office and I’m talking to lots of women and victims and realize how important it is for women to speak out and speak up.”
Martinez-Parra beat long-time Democratic state Senator and Senate Finance Committee Chair John Arthur Smith in the Democratic primary this June. Smith has held state Senate District 35 for 31 years.