If the Supreme Court’s leaked draft decision on Dobbs v. Jackson Women’s Health Organization becomes reality in late June or early July, New Mexico will remain what some have called “a beacon” of legal abortion care. The state legislature passed and the governor signed last year the Respect New Mexico Women and Families Act, which repealed old language from the criminal code banning abortion in 1969. While the antiquated language had not been enforceable since 1973, many policy makers worked to pass the repeal of the old ban before a conservative-leaning state challenged Roe v. Wade at the Supreme Court level. State Rep. Joanne Ferrary, D-Las Cruces, who was the lead sponsor on a previous version of the Respect New Mexico Women and Families Act, told NM Political Report that because of that “foresight,” to “fight forward” the state now doesn’t have to “fight backwards” on abortion rights. She said that, at this time, she is not preparing legislation for further protections on abortion in the state for the next session, beginning in 2023, because of the successful repeal of the ban in 2021.
Several Democratic state legislators are looking to amend the New Mexico Constitution to guarantee future generations the right to a clean environment.
Sen. Antoinette Sedillo Lopez, D-Albuquerque, and Rep. Joanne Ferrary, D-Las Cruces, are the lead sponsors on a joint resolution that nearly two dozen of their colleagues have already voiced support for. The legislative session starts Tuesday and the joint resolution is among the pieces of legislation filed prior to the start. This is the second year that they have sponsored a joint resolution seeking to amend the state’s bill of rights to include environmental rights. This is colloquially dubbed the “Green Amendment.”
Because it is a constitutional amendment, voters would have to approve it if it passes the Legislature.
If approved by voters, the bill of rights section of the state’s constitution would be amended to include the rights of future generations to clean water and air and a stable climate and healthy environments. It would also recognize the environment’s cultural, natural and human health values.
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.
Unlike 2019 when the New Mexico State Senate blocked repealing the 1969 abortion ban, more than half of the 2021 state Senate have signed on to cosponsor SB 10, this year’s effort. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is a bill that will run parallel to HB 7, sponsored by state House Rep. Micaela Lara Cadena, D-Mesilla. Co-sponsor and Senate Majority Leader Peter Wirth, D- Santa Fe, said during a press conference Monday morning held by Respect New Mexico Women, a coalition of nonprofit organizations, that 25 state senators have signed onto the bill for the 2021 Legislature.
The Senate bill was scheduled to be heard in its first committee Monday afternoon. “This shows how far we’ve come with this legislation,” Wirth said, alluding to the 2019 repeal effort which failed when eight state Senate Democrats sided with Republicans to defeat the bill. One of those Democrats died while in office and five of the others lost to more progressive Democrats in 2020 primaries, three of whom won in the general election.
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.