The House Judiciary Committee passed the Reproductive and Gender-Affirming Health Care bill with two amendments by a party line vote of 7 to 4. HB 7 will, if enacted, ensure that all individuals in the state can access reproductive healthcare and gender-affirming care and that if an individual is discriminated against in seeking that care, the individual can seek legal remedy. Rep. Linda Serrato, a Democrat from Santa Fe, sponsored the bill and has said frequently that the bill will, if enacted, prevent a patchwork of healthcare across the state. The cities of Clovis and Hobbs and Lea and Roosevelt counties have passed anti-abortion ordinances that impact abortion clinics’ ability to apply for licenses in those political subdivisions and also place restrictions on medication abortion. Clovis Mayor Mike Morris spoke during public comment on the bill and said the bill “takes away home rule.”
He asked that the committee, if unable to vote no on the bill, “preserve our local authority to reflect the values of the citizens,” he said.
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.
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 virtual reproductive-justice rally to underscore the importance of repealing the 1969 abortion ban in the state took place Monday. Because of the restrictions of the COVID-19 pandemic, Respect New Mexico Women, a coalition of organizations dedicated to reproductive justice, held the rally virtually to ensure safety during the pandemic. An assortment of advocates, experts, supporters and lawmakers spoke from their individual locations to talk about why repealing the 1969 ban that would outlaw abortion in the state if the U.S. Supreme Court guts or overturns Roe v. Wade is crucial to healthcare. Related: New Mexico’s 1969 abortion law was one in a long line of laws restricting access
There were calls to action and two Albuquerque Democratic legislators, state Sen. Linda Lopez and state state Rep. Georgene Louis, of the Acoma Pueblo, spoke about why they are sponsoring the Senate and House bills. Lopez said “every pregnancy is unique and complex.”’
“Making a decision not to continue a pregnancy is very difficult and very personal,” she said.
The House Health and Human Services Committee approved a bill that would decriminalize abortion by a vote of 8 to 3, including one Republican who crossed the aisle. State House Rep. Phelps Anderson, a Republican from Roswell, sided with the seven Democrats on the committee who voted yes to HB 7. Just before the bill went to vote, Anderson expressed some of his views. “Many people who have spoken to me have expressed strong opinions but I find myself saying I’m not sure one voting yes or no changes anything that is very important to me and, secondly, the issues that have been raised are not encompassed within this bill,” Anderson said. HB 7 will, if it passes the full New Mexico Legislature, repeal a law written in 1969.