This week members of Congress introduced legislation into both chambers that would codify Roe v. Wade into law if it passes. HR 3755, more commonly known as the Women’s Health Protection Act, would protect a person’s ability to terminate a pregnancy and would protect a provider’s ability to provide abortion services. Reproductive healthcare advocates believe the bill, which has been introduced by members of Congress, has greater urgency this year because of Dobbs v. Jackson Women’s Health Organization, the Mississippi case the U.S. Supreme Court plans to hear next year. Related: The future of reproductive healthcare in NM if Roe v. Wade is overturned
Dobbs v. Jackson Women’s Health Organization, which challenges Mississippi’s unconstitutional 15-week abortion gestational ban, will be the first test of Roe v. Wade with the new 6-3 conservative majority on the Supreme Court bench. Many in the reproductive healthcare community believe Roe v. Wade could be overturned or become a law in name only as a result. The Supreme Court is expected to decide on Dobbs v. Jackson Women’s Health Organization in 2022.
If the U.S. Supreme Court overturns or guts Roe v. Wade next year when it hears the case involving a Mississippi law that would ban abortion after 15 weeks, New Mexico could face a fight and increased harassment at clinics, according to reproductive rights experts. The U.S. Supreme Court announced earlier this week it will hear Dobbs v. Jackson Women’s Health Organization, regarding the Mississippi law that prohibits abortion after 15 weeks with few exceptions. The state of Mississippi asked the court to decide on whether all pre-viability bans on abortion violate the Constitution. The court’s decision is expected to come down in 2022 before the mid-term general election. New Mexico, which was one of very few states to pass pro-abortion rights legislation this year, will feel the effects of the Supreme Court’s decision regardless of how the court decides the Mississippi case, according to reproductive health advocates.
With more than 500 pieces of anti-abortion legislation under consideration in state legislatures around the country, New Mexico’s passage of SB 10, which decriminalized abortion, bucked the nationwide trend. Only one other state passed abortion rights legislation this year. Because the U.S. Supreme Court is expected to consider and rule on an unconstitutional abortion ban in the next few years, Planned Parenthood of the Rocky Mountains President and Chief Executive Officer Vicki Cowart called the passage and signing of New Mexico’s bill to repeal an abortion ban “critical,” and a “key to protecting reproductive rights.”
Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’
Cowart told NM Political Report by email that this year, Virginia is the only other state that has passed a bill expanding abortion access in 2021. But since the beginning of the year, 12 states have passed anti-abortion legislation, according to a Planned Parenthood report. There are a few other states with pro-reproductive legislation under consideration, Robin Marty, author of “Handbook for a Post-Roe America” and “The End of Roe v. Wade,” said.
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.
Called historic, New Mexico decriminalized abortion on Friday when Gov. Michelle Lujan Grisham signed the Respect New Mexico Women and Families Act into law, after years of efforts by abortion rights supporters. SB 10 repeals the 1969 statute that criminalized abortion by banning it with very few exceptions.
Lujan Grisham said “a woman has the right to make decisions about her own body.”
“Anyone who seeks to violate bodily integrity, or to criminalize womanhood, is in the business of dehumanization,” Lujan Grisham said in a statement. “New Mexico is not in that business – not any more. Our state statutes now reflect this inviolable recognition of humanity and dignity. I am incredibly grateful to the tireless advocates and legislators who fought through relentless misinformation and fear-mongering to make this day a reality.
Two years after a group of conservative Democrats, along with Republicans voted against decriminalizing abortion care, the state Senate passed SB 10 Thursday, 25 to 17. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is called the Respect New Mexico Women and Families Act and has a mirror bill, HB 7, sponsored by Rep. Micaela Lara Cadena, D-Mesilla. The two bills remove three sections from the criminal code which, in 1969, banned abortion with some limited exceptions. The law has repeatedly been called archaic and advocates for its repeal said it included language contrary to how medicine is currently practiced. While the law is currently unenforceable, reproductive rights advocates have said that given the conservative bloc on the U.S. Supreme Court, Roe v. Wade could be gutted in the next few years.
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.
Senate Bill 10, which would repeal the 1969 abortion ban on state law books, passed the Senate Health and Public Affairs Committee 5-3 Monday. The vote fell along party lines with the three Republican state Senators voting against and the five Democrats on the committee voting in favor. After a two hour wait due to technical difficulties, the committee hearing ran for nearly 2.5 hours due to the length of the debate on the issue. Members of the public for both sides gave impassioned speeches both for and against. “(The bill) makes sure that women, in collaboration with their provider and families, can make decisions for themselves.