Democrats in the state Senate say they still don’t have enough votes to repeal an old, unenforceable abortion ban that remains in New Mexico law. They believe a failed effort in the 2019 legislative session — when a handful of conservative Democrats joined Republicans to block it — could see the same results in this year’s 30-day session. But with the U.S. Supreme Court poised to hear a Louisiana case that is expected to test the landmark 1973 decision in Roe v. Wade, Senate Democrats and Democratic Gov. Michelle Lujan Grisham say they are prepared to hold a special legislative session to protect abortion rights in the state if the ruling is overturned. “I think we’d be back in a heartbeat,” Senate Majority Leader Peter Wirth, D-Santa Fe, said Wednesday, the 47th anniversary of the Roe v. Wade ruling. While some Democratic senators remain staunchly opposed to repealing the state’s old ban, Wirth said some of those votes might change if the state actually criminalized abortion.
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.
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.
New Mexico lawmakers injected a dose of political pressure Monday into an unwavering but so far unsuccessful effort to add opioid use disorder to the list of qualifying conditions for medical cannabis in New Mexico. State Sen. Jeff Steinborn and Rep. Joanne Ferrary, both Democrats from Las Cruces, held a news conference at the Roundhouse to bring attention to companion memorials they are sponsoring, calling on Department of Health Secretary Lynn Gallagher to allow people with opioid dependence to obtain medical marijuana to help them break the chains of their addiction. “It is past time that this secretary do this,” Steinborn said. “People are dying every day in the state of New Mexico from opioid abuse, and medical marijuana has proven to be a safer treatment for any underlying conditions and certainly, hopefully, to step people down from opioid addiction into something safer that won’t kill them.” Twice, the state Medical Cannabis Program’s advisory board has recommended medical marijuana be allowed as a treatment for opioid addiction.
This week in the Legislature may see some debate regarding abortions and whether or not doctors should have a role in family discussions. Earlier this month, Gov. Susana Martinez outlined her legislative priorities in her State of the State address. In addition to presenting her six-point-plan to bolster the state’s economy, she also called for legislators to tackle certain issues during the 30-day legislative session. She encouraged them to pass bills related to education reform and expanded criminal penalties. Legislators have introduced a handful of bills related to abortion, but she skirted the issue in her speech.
A Democratic-majority House committee voted along party lines Thursday afternoon to remove pre-Roe v. Wade language in state statute that criminalizes abortion practices. The original state law, passed in New Mexico in 1968, makes “criminal abortion” subject to a fourth-degree felony. It defines “criminal abortion” as any action or attempt at an “untimely termination” of a pregnancy that is not “medically justified.” A medically justified abortion, according to state law, is limited to abortions in cases of pregnancy from rape, incest or when the pregnant woman’s life is in danger. The landmark 1972 Roe v. Wade decision, which legalized abortion in most cases across the country, made state laws like this obsolete. Related story: House committee stalls another round of abortion bills
But proponents of the bill to strike the old state statute argue that the state language would go right back into law should the U.S. Supreme Court change Roe v. Wade in the future.
A bill aimed at classifying nuclear power as a renewable energy source in New Mexico stalled Thursday afternoon in committee on a tie vote. House Bill 406, sponsored by Rep. Cathrynn Brown, R-Carlsbad, would have amended the state’s Renewable Energy Act, which requires energy companies provide a certain amount of electricity from renewable sources. Brown told the House Energy, Environment and Natural Resources Committee she didn’t know of any definite plans to bring nuclear power plants to the state, but that she wanted to broaden the options for a “baseload power” to replace coal or gas. Currently, Brown argued, wind and solar energy can only serve as “intermittent” power. “Unless we can get the wind to blow 24 hours a day and the sun to shine day and night, we’re still going to have those intermittent sources,” Brown said.
A bill to require workplaces to provide “reasonable accommodations” to pregnant workers passed a state House committee on party lines Friday morning. During debate, Southwest Women’s Law Center attorney Sarah Coffey provided examples of “reasonable accommodations,” which included allowing pregnant workers to have a bottle of water at their desks, giving them more bathroom breaks and allowing them to walk around the office when needed. “We’re trying to alert women and employers that women don’t need to necessarily quit their jobs or stay home if there’s a small accommodation made to keep working,” state Rep. Gail Chasey, D-Albuquerque and sponsor of the legislation, said at the hearing. Three Republicans on the House Health and Human Services Committee—state Reps. Rebecca Dow of Truth or Consequences, Gail Armstrong of Magdalena and James Townsend of Artesia—voted against the measure.