If the U.S. Supreme Court overturns Roe v. Wade, as is now expected this summer, the rights of the LGBTQIA+ community will be thrown into jeopardy, advocates believe. In the leaked draft opinion that reveals the Supreme Court will likely overturn Roe v. Wade this summer, Supreme Court Justice Samuel Alito attacked the court’s arguments written into the Roe v. Wade decision affirming the right to abortion. He also took aim at Casey v. Planned Parenthood, the 1992 decision that reaffirmed Roe. Roe v. Wade rests on the argument that individuals have a right to privacy and that the right can be found in the 14th Amendment and in other amendments. Subsequent rulings that effect LGBTQIA+ rights, such as Obergefell v. Hodges, the 2015 decision granting the right to same sex marriage, rests on a similar argument.
Gov. Michelle Lujan Grisham signed an omnibus crime bill into law on Wednesday, which officials say will reduce crime. Lujan Grisham, a Democrat seeking reelection in November, pushed a “tough on crime” agenda during the 2022 Legislative session. Lawmakers rolled several crime bills into one to create the omnibus bill, which increases penalties for violent offenders. State House Rep. Meredith Dixon, D-Santa Fe, sponsored HB 68. The new law will also eliminate “gay panic” defense in criminal cases.
This fall, the U.S. Supreme Court is hearing oral arguments on anti-abortion bans that some say could have the potential to impact LGBTQ+ constitutional rights. The Supreme Court heard oral arguments earlier this month for two cases filed over Texas SB 8, which prohibits abortion at six weeks. On December 1, the Supreme Court will hear another case, Dobbs v. Jackson Women’s Health Organization, over the right of Mississippi to ban abortion at 15 weeks. Many rights that involve bodily autonomy, such as the right to contraception, the right to abortion and the right for same sex couples to marry, rest on the Supreme Court’s interpretation of the 5th and 14th amendments. “In the due process clauses of the 5th and 14th amendments there’s this protection of process when the government deprives us of life, liberty and property.
During an interim committee hearing, the New Mexico Coalition of Sexual Assault Programs asked for $5 million to be added for state budget consideration in the 2022 Legislature. Alexandria Taylor, deputy director of the coalition, said the state ranks seventh in the nation in rates of sexual violence and called the rates of sexual violence in New Mexico an “epidemic.” She asked that any crime package “prioritize” the crime of sexual violence. The $5 million request includes $2 million for sexual assault programs to increase services, address gaps across the state and focus on rural and underserved areas, including a 12-month wait list in some counties for services; $1 million to address sexual assault mental health programs to address that gap in services; $1.3 million to sustain satellite children advocacy centers in rural areas; $500,000 for operation of the statewide sexual assault hotline and $200,000 for Indigenous research and coordination of tribal services, Taylor said. She said 41 percent of reported assaults in New Mexico are children who are under the age of 18. She also said that while reports of sexual violence to law enforcement are trending downward, there has been an increase in requests for sexual assault services.
Gov. Michelle Lujan Grisham signed an executive order Monday, effective immediately, directing state agencies to collect voluntary data for informational purposes on the LGBTQ+ community. The state Department of Health will be the lead agency, Lujan Grisham’s press secretary Nora Meyers Sackett wrote to NM Political Report. But all state agencies will be providing the voluntary questions asking individuals during in-take processes about sexual orientation and gender identity. The order mirrors SB 316, the Gender and Orientation Data Collection bill which state Sen. Carrie Hamblen, D-Las Cruces, sponsored in the 2021 Legislature. That bill passed the Senate but died on the House floor before a vote.
Growing evidence indicates that lesbian, gay, bisexual, transgender and queer adults experience worse cardiovascular health than their cisgender heterosexual peers according to the American Heart Association. For instance, transgender men are twice as likely to have a heart attack than cisgender men and four times as likely than cisgender women, according to the AHA. Transgender people are also more likely to experience blood clots when undergoing estrogen hormone therapy, the AHA reported. The scientific paper appeared in the AHA’s scientific journal Circulation last week. It described the multi-layered ways LGBTQ or questioning individuals have higher risk factors – primarily due to stress from discrimination – for cardiovascular disease when compared to their cisgender heterosexual peers.
The U.S. Supreme Court’s decision on Fulton v. the City of Philadelphia is not likely to a impact the New Mexico LGBTQ community, legal experts and advocates have said. Fulton v. the City of Philadelphia asked the Supreme Court to decide if Catholic Social Services (CSS) could continue its contract with that city to help find foster families even though the city said it couldn’t because CSS discriminates against same sex couples in its fostering application. The Supreme Court heard the case last fall and when the U.S. Congress was considering Justice Amy Coney Barrett for nomination to the bench, members of the LGBTQ community in New Mexico worried that a more conservative bench could overturn precedent and allow discrimination, which in turn could have a ripple effect in New Mexico. Related: U.S. Supreme Court could roll back LGBTQ equality
But, Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said the court’s decision in June was so narrow it would only apply to this particular case wouldn’t likely have an impact in New Mexico. “I disagree with the finding but what the court said is, because the city contract contained a mechanism for offering individual discretion to the agencies, the court held the city could not refuse to extend the contract to Catholic Social Services,” she said.
On Thursday, one of the first openly transgender people to seek a New Mexico legislative seat, Bunnie Benton Cruse, announced her intent to replace Rep. Melanie Stansbury for the state House. Stansbury is the Democratic nominee in the June 1 special election for the state’s 1st Congressional District, a seat Department of Interior Secretary Deb Haaland vacated when she left the U.S. House of Representatives to take the federal position. Benton Cruse will apply to the Bernalillo County Commission, which will decide who to appoint to HD 28 if Stansbury wins June 1 and leaves the seat. Benton Cruse said she went public with her intention to apply for the HD 28 seat before the June 1 special election because she believes Stansbury will win. Marshall Martinez, executive director of Equality New Mexico, called Benton Cruse’s decision to seek Stansbury’s seat “historic.”
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.