In a narrow ruling that leads to a limited way forward in the fight to stop Texas SB 8, the U.S. Supreme Court ruled against one lawsuit, parsed the other and denied the Biden administration’s request to put Texas SB 8 law on hold. The Supreme Court heard two separate arguments in early November around Texas SB 8, which allows anyone to sue a provider or person who “aids and abets” a Texas abortion patient to receive an abortion in the state after six weeks of gestation. Reproductive rights officials who held a press conference after the high court’s decision on Friday spoke of the “chilling effect” this law has had on providers inside the state and the stress it has put on providers in other states, including New Mexico, to provide abortion care for patients coming from Texas in addition to the patients in their own states. Around 55,000 people in Texas receive an abortion in that state annually prior to the Texas law going into effect in early September. In New Mexico, around 3,000 people receive an abortion each year, on average.
This month, New Mexico Religious Coalition for Reproductive Choice, an Albuquerque-based abortion fund, has helped 28 patients get an abortion, up from 15 in September 2020 when fears of COVID-19 prevented travel and 21 in September 2019. And the month of September is not yet over, Brittany Defeo, New Mexico Religious Coalition for Reproductive Choice program manager, pointed out. The increase in demand is due to the Texas six-week gestational abortion ban that went into effect at the beginning of the month. Defeo said the coalition is the last abortion fund most patients apply to because what the coalition offers – help with accommodations and trips to the airport, bus or train station – are services needed by the most economically perilous who need an abortion later in pregnancy which requires an overnight stay. But because of the Texas law, the coalition is now seeing patients request their services even before 10 weeks of gestation because the patient needs to travel to New Mexico to take abortion medication.
Planned Parenthood, through its various PACs, is spending $390,000 on the New Mexico primary, and the bulk of that on three races. Sarah Taylor-Nanista, executive director of Planned Parenthood of the Rocky Mountains Action Fund, said the nonprofit organization is “laser focused” on the progressives running against the seven Democratic incumbents who voted against HB 51 last year. HB 51 would have repealed a 1969 abortion law that abortion rights supporters worry will become law again if Roe v. Wade is overturned. But of the seven, there are three races in particular where Planned Parenthood is spending the bulk of its money. Those are Neomi Martinez-Parra’s race against state Sen. John Arthur Smith for Senate District 35; Siah Correa Hemphill’s fight to unseat state Sen. Gabriel “Gabe” Ramos for Senate District 28; and Pam Cordova’s challenge against state Sen. Clemente Sanchez for Senate District 30.
The Pregnant Worker Accommodation Act, signed into law by Gov. Michelle Lujan Grisham in March, went into effect Wednesday. Terrelene Massey, executive director of Southwest Women’s Law Center, said the new law could affect anywhere from 10,000 to 20,000 workers in New Mexico each year. The law amends the state’s Human Rights Act to make pregnancy, childbirth and conditions related to either a protected class from employment discrimination. Sponsored by two Democrats, Rep. Gail Chasey, of Albuquerque, and Sen. Liz Stefanics, of Cerrillos, the new law allows pregnant people to ask their employer for “reasonable accommodations,” to enable the pregnant worker to keep working. The “reasonable accommodations” could be things like asking for more bathroom breaks, a stool to sit on, the ability to get time off for prenatal care or having water at a workstation, according to the law’s advocates.
Since the beginning of the pandemic, more people are seeking abortion through telemedicine than ever before in New Mexico. Though the numbers are still small, the increase is significant, according to Neta Meltzer, director of strategic communications at Planned Parenthood of the Rocky Mountains (PPRM). Meltzer wrote in an email that prior to the public health emergency, PPRM enrolled 10 patients from New Mexico into the study over the course of about a year. But in March of 2020 alone, the nonprofit screened 14 patients who were interested, and enrolled eight in that month. “The need for abortion care does not disappear in the midst of a global pandemic,” Meltzer wrote.
The federal stimulus bill passed by Congress could lead to negative impacts on women’s health in New Mexico and other states. The unprecedented $2 trillion in federal relief, called the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, passed by Congress and signed by President Donald Trump late last month is expected to provide aid to many who have been impacted by the economic fallout caused by the lack of infrastructure to contend with the respiratory virus. But buried deep within the nearly 1,000 page bill is language designed to take a swipe at Planned Parenthood. Businesses and nonprofits seeking relief money will have to go through the Trump Administration’s Small Business Association—and the agency has the ability to refuse the nonprofit organization, according to Vice. Anti-abortion lawmakers claimed it as a “win” against abortion rights.
A bill to support pregnant workers brought both abortion rights and anti-abortion groups together and passed unanimously 13-0 in the House Judiciary Committee Friday. HB 25, the Pregnant Worker Accommodation bill, aims to protect pregnant workers and allow new moms to be able to ask for “reasonable accommodations” from an employer while pregnant or newly parenting. Advocates of the bill say those accommodations include things like asking for a stool to sit on or more bathroom breaks, additional water to drink and the ability to refrain from heavy lifting. If an employer does not comply, the pregnant worker could file a complaint with the New Mexico Human Rights Commission. The bill passed the House Labor, Veteran, Military Affairs Committee earlier this week.
A bill that would go beyond both the governor’s and Legislative Finance Committee’s appropriation recommendations for long-acting reversible contraceptive training to medical professionals passed the Senate Public Affairs Committee 4-2 Thursday. The vote fell along party lines for SB 40, which would provide $1.2 million from the general fund to the state Department of Health to mentor health care providers on long-acting reversible contraception. Democratic Senators Antoinette Sedillo-Lopez of Albuquerque, Elizabeth “Liz” Stefanics of Cerrillos, Jerry Ortiz y Pino of Albuquerque and Jeff Steinborn of Las Cruces voted in favor. Republican Senators Candace Gould of Albuquerque and Craig Brandt of Rio Rancho opposed the bill, while Senate Minority Leader Stuart Ingle was absent. Senate President Pro Tem Mary Kay Papen, D-Las Cruces, is sponsoring this bill as well as another, SB 41, which provides $500,000 to the Department of Health to raise public awareness on long-acting reversible contraception.
Rural, communities of color and low-income New Mexicans in some areas of the state face greater barriers when deciding if, how and when to become parents. According to Power to Decide, a Washington D.C. based reproductive rights organization, 134,850 women between the ages of 13 and 44 live in a contraceptive desert in New Mexico. The nonprofit defines a contraceptive desert as a place where women lack reasonable access in their counties to a health center that offers the full range of contraceptive methods. Rachel Fey, director of public policy for Power to Decide, told NM Political Report this is important because women usually change contraceptive methods during their reproductive years. “People have the response, ‘What’s the problem? Go buy condoms. It’s no big deal.’ But it doesn’t work for everyone.
When New Mexico women are in a crisis and need to terminate a pregnancy, all too often they must drive hundreds of miles to reach a clinic that provides abortion. Clinics that provide abortions are only located in or around the three largest cities in New Mexico. While some obstetric and gynecological doctors as well as some general practitioners will perform an abortion privately, the vast majority of abortions are provided in specific clinics, Dr. Eve Espey, chair of the Department of Obstetrics and Gynecology at the University of New Mexico School of Medicine, told NM Political Report.
When women seek an abortion, they are often in a time of crisis, she said. With more than one million women living in New Mexico, such limited resources for abortion services impacts a significant portion of women who are child-bearing age in the state. The problem disproportionately affects low-income women, rural women and women of color, Espey said.