With delays in reproductive health care already taking place, officials with American Civil Liberties Union of New Mexico said it could get worse as the global pandemic of COVID-19 continues. Ellie Rushforth, a reproductive rights attorney for ACLU-NM, sent letters to elected officials Monday urging them to ensure reproductive health care will remain accessible during the public health emergency. The letters, to Governor Michelle Lujan Grisham, congressional officials and the mayors of Albuquerque, Santa Fe and Las Cruces, ask that they consider abortion care, all forms of birth control; STI screening, testing, and treatment; vaginal health and treatment; prenatal, delivery, and postnatal care as essential reproductive services that need to remain accessible. The letters outline immediate steps, including that reproductive health care clinics and outpatient abortion providers be considered, “essential business.”
Lujan Grisham announced a stay-at-home order Monday in an attempt to slow down the spread of COVID-19, a type of coronavirus. As of Monday, March 23, the state has 83 test positive cases, with 18 new ones.
When New Mexico women are in a crisis and need to terminate a pregnancy, all too often they must drive hundreds of miles to reach a clinic that provides abortion. Clinics that provide abortions are only located in or around the three largest cities in New Mexico. While some obstetric and gynecological doctors as well as some general practitioners will perform an abortion privately, the vast majority of abortions are provided in specific clinics, Dr. Eve Espey, chair of the Department of Obstetrics and Gynecology at the University of New Mexico School of Medicine, told NM Political Report.
When women seek an abortion, they are often in a time of crisis, she said. With more than one million women living in New Mexico, such limited resources for abortion services impacts a significant portion of women who are child-bearing age in the state. The problem disproportionately affects low-income women, rural women and women of color, Espey said.
A couple of hundred abortion rights activists gathered in Albuquerque Tuesday as part of nationwide “Stop the Bans” protests. Ellie Rushforth, the ACLU of New Mexico Reproductive Rights Attorney, told the crowd, “We must keep fighting because our lives depend on it.”
The crowd then marched through downtown Albuquerque, holding signs and chanting slogans in support of abortion access. Secretary of State Maggie Toulouse Oliver, who is running for U.S. Senate, attended the rally. “I’m still fuming over the fact that the U.S. Senate put Brett Kavanaugh on the Supreme Court,” Toulouse Oliver said in a statement. “I can’t help but think that if more women were serving in the U.S. Senate, the outcome of the Kavanaugh hearings would have been very different.”
Representatives for members of the New Mexico congressional delegation also attended.
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.