A court case that could affect anti-discrimination laws in New Mexico will soon be before the U.S. Supreme Court. The case, Fulton v. the City of Philadelphia, will be heard by the Supreme Court next month. The case involves a Catholic-based organization that sued the city of Philadelphia because the city refused to allow the organization to continue a contract to house youth in foster care because the organization discriminates against same-sex couples. Marshall Martinez, interim executive director of Equality New Mexico, said that if the case is decided by a conservative majority on the court, then a contractor who receives tax payer funding to provide, for instance, homeless shelter services or foodbank services through a government contract could refuse to house or provide food to queer or transgender people. Martinez said that if the court rules against the city of Philadelphia broadly and bases its opinion on a religious argument, then the case could be interpreted to allow one faith-based organization to discriminate against people of other faiths and deny services to people of other faiths.
While reproductive rights activists worry about the future of abortion rights in the state, some candidates say voters are particularly focused on the issue. With the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg on September 18 and President Donald Trump’s nomination of Judge Amy Coney Barrett to the high court, reproductive rights advocates’ efforts to repeal New Mexico’s 1969 law is now of even greater urgency for many. If the court overturns Roe v. Wade, New Mexico’s 1969 law, which criminalizes abortion, would again go into effect. Siah Correa Hemphill, a Democrat running for State Senate District 28 in southern New Mexico, said she has received several phone calls and emails from constituents in her district in recent weeks asking about her position on abortion rights. “I know it’s on the mind of many people.
With five out of seven grassroots challengers winning seats in the state Senate, some of which were historic upsets, activists said on Wednesday the wins are a “mandate” for reproductive healthcare. With most precincts reporting for the primary, five grassroots progressive Democratic challengers won over mostly long-established incumbent Democrats who were moderate or conservative-leaning, according to unofficial results. All seven of the incumbent state Senate Democrats voted against HB 51, a bill that would have repealed the 1969 abortion ban.
Marshall Martinez, New Mexico field director for Forward Together Action, said that the challengers openly spoke about HB 51 and publicly supported it, which now that so many of the challengers have won, makes abortion rights a “mandate” for the next legislative session.
“The challengers named HB 51 as a key reason they ran. New Mexicans have said very clearly access to reproductive health, including abortion, is a priority,” Martinez said. Sarah Taylor-Nanista, executive director of Planned Parenthood of the Rocky Mountains Action Fund, called the five wins “an important step” toward repealing the 1969 law. Abortion rights activists are concerned that with a conservative majority on the U.S. Supreme Court, the court will overturn Roe v. Wade.
Three incumbent Democratic state House members lost in their primaries Tuesday according to unofficial numbers. In a Santa Fe area district, Carl Trujillo was perhaps the most embattled incumbent. A lobbyist accused him of sexual harassment last month, though Trujillo denied the allegations. He now faces an investigation by the state Legislature in accordance with the state’s new sexual harassment rules. Trujillo was beat out by former Regional Coalition of LANL Communities Executive Director Andrea Romero.