This week, the Joe Biden administration proposed to reverse a Donald Trump administration gag rule that affects how some family planning clinics provide abortion care information. Title X is a federal grant program that enables clinics to offer family planning services and preventive reproductive health care, primarily to low-income families who are uninsured or underinsured. New Mexico Department of Health family planning clinics, which receive Title X funding, provide contraception methods and related preventive health services including pre-conception health, sexually transmitted disease prevention education, screening, treatment and breast and cervical cancer screening, NMDOH spokesperson Jim Walton told NM Political Report by email. There are DOH family planning clinics in every county except Catron and Harding counties. Bernalillo County has 16 such clinics, Santa Fe County has seven, Doña Ana County has four and Rio Arriba County has three.
There are 20 clinic sites that contract with DOH to provide family planning services, including nine school-based health centers.
With six openly queer legislators participating in the 2021 New Mexico legislative session, many in the LGBTQ community said this past session was important in the advancement of equal rights. But also, legislation that would repeal the state’s ban on abortion, remove qualified immunity as a legal defense and enable individuals whose civil rights have been violated to seek financial remedy through the courts and require employers to provide paid sick leave to employees are major highlights for the LGBTQ community as well as the reproductive justice community because the two intersect. The New Mexico Civil Rights Act, which made the changes on qualified immunity, and the Healthy Workplaces Act, which imposes the paid sick leave requirement, passed both chambers but await Gov. Michelle Lujan Grisham’s signature. Lujan Grisham has already signed the Respect New Mexico Women and Families Act, on abortion, into law after it passed both chambers in February. Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’
But there were other moments, such as an informal “gay pride night” in the state Senate, when two bills sponsored by openly queer Senators passed in mid-March, that were noted by members of the LGBTQ community.
With the passage of legislation to repeal the state’s outdated abortion ban and the New Mexico Civil Rights Act, many in the reproductive justice community called the 2021 Legislative session “extraordinary.”
All reproductive rights groups NM Political Report spoke with cited the passage of the Respect New Mexico Women and Families Act, or SB 10, as one of the biggest victories and a major piece of legislation to come out of the 2021 session. Legislators fast tracked the bill through committee hearings and it passed both chambers before the session’s end. Gov. Michelle Lujan Grisham signed the bill into law in February. Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’
The bill repeals the 1969 statute that criminalized abortion and made it a fourth-degree felony for a medical practitioner to perform one. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, called the 2021 Legislative session “historic.”
Rushforth said it was in contrast to other states, where in the first few months of 2021, state legislatures have introduced close to 400 pieces of anti-abortion legislation.
The House voted 41 to 26 to agree with Senate changes to the paid sick leave bill on the final morning of the Legislature on Saturday.
HB 20, whose lead sponsor was Rep. Christine Chandler, a Democrat from Los Alamos, would mandate that all private employers provide up to 64 hours of paid sick leave per year for employees. Private sector employees would accrue one hour of paid time off for every 30 hours worked. Gov. Michelle Lujan Grisham is expected to sign the bill. Getting HB 20 to final passage was called “one of the most difficult lifts this session,” by Rep. Susan Herrara, D-Embudo. The debate around HB 20, mostly entailed concerns about the business community’s, particularly small businesses, ability to absorb the cost.
Gov. Michelle Lujan Grisham could have the bill that decriminalizes abortion care on her desk as early as late Friday, House Speaker Brian Egolf said during a Planned Parenthood Votes New Mexico event. Planned Parenthood Votes New Mexico, an arm of Planned Parenthood, held a remote event called “Toast of the Town” Wednesday evening. The Santa Fe Democrat was one of several speakers, including Lujan Grisham as the keynote speaker. Most of the talk during the hour-long event was about HB 7 and SB 10, mirror bills that would repeal the 1969 statute that bans abortion with few exceptions. SB 10 passed the state Senate in a historic win of 25 to 17 on February 12.
A bill that would amend the New Mexico Human Rights Act to make clear that public bodies and state agencies are subject to its provisions passed unanimously in committee hearing Saturday. HB 192 is sponsored by House Rep. Brittany Barreras, an independent from Albuquerque who caucuses with the Democrats. Called the Extend Human Rights Act to Public Bodies, the bill passed the House Local Government, Land Grants and Cultural Affairs unanimously. Barreras and co-sponsor Rep. Angelica Rubio D-Las Cruces, amended the bill to modernize the language and change “handicapped” to “disabled” and clarified that public agencies would not have to change programmatic focus under the bill. Marshall Martinez, interim executive director of Equality New Mexico, said this bill, if made law, would bring greater clarity to the New Mexico Human Rights Act.
With a vote along party lines, SB 10 passed the Senate Judiciary Committee Wednesday in what has been the shortest committee hearing on repealing the 1969 abortion ban so far. The bill now heads to the Senate floor. Six Democrats on the committee voted yes and the three Republicans voted no. Committee Chair Joseph Cervantes, D-Las Cruces, allowed each side 10 minutes for public comment and both the proponents of the bill and the opponents of the bill 10 minutes to give presentations. Cervantes said an email account had been published that allowed additional public comment and those emails had been shared with committee members.
Senate Bill 10, which would repeal the 1969 abortion ban on state law books, passed the Senate Health and Public Affairs Committee 5-3 Monday. The vote fell along party lines with the three Republican state Senators voting against and the five Democrats on the committee voting in favor. After a two hour wait due to technical difficulties, the committee hearing ran for nearly 2.5 hours due to the length of the debate on the issue. Members of the public for both sides gave impassioned speeches both for and against. “(The bill) makes sure that women, in collaboration with their provider and families, can make decisions for themselves.
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.
The U.S. Supreme Court ruled Tuesday to reinstate restrictions on the a medication abortion pill that allowed patients to receive it through the mail during the pandemic. The justices ruled 7 to 2 on the decision in favor of the U.S. Federal Drug Administration. The FDA has maintained a rule that a patient must travel to a clinic to pick up the abortion pill mifepristone for the past 20 years when the drug first came onto the market. Reproductive advocates and experts have said that is politically motivated. The patient can take the pill in a place of their own choosing.