New Mexico
Not Protected
Now that the Supreme Court has overturned Roe:
Abortion will remain accessible in New Mexico. New Mexico courts have not determined whether the state constitution protects the right to abortion.
Restrictions
New Mexico law prohibits D&X procedures.[1]N.M. STAT. ANN. § 30-5A-3. In 2021, New Mexico repealed a requirement that a parent or legal guardian consent to a minor’s abortion.[2]Id. § 30-5-1(c), repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021).
New Mexico’s targeted regulation of abortion providers (TRAP) laws includes reporting requirements.[3]N.M. STAT. ANN. § 24-14-18. Providers who violate New Mexico’s D&X ban may face criminal penalties.[4]See, e.g., id. § 30-5A-5. In 2021, New Mexico repealed the statute restricting the provision of surgical abortion care to licensed physicians;[5]Id. § 30-5-1, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). certified nurse practitioners are authorized to prescribe and dispense medication abortion due to a court decision.[6]Planned Parenthood of N.M. v. New Mexico, No. CV-200604230 ¶ 11 (N.M. 2d Dist. Ct. 2007).
State Protections
While the New Mexico Constitution contains an equal rights amendment (ERA),[7]N.M. CONST. art. 2, § 18 (“No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights … Continue reading the state supreme court has not ruled that the state constitution or the ERA protects the right to abortion. New Mexico provides public funding for medically necessary abortions.[8]New Mexico Right to Choose/NARAL v. Johnson, 126 N.M. 788, 975 P.2d 841 (N.M. 1998). On June 27, 2022, the New Mexico governor issued an executive order that 1) prohibits, unless required by court order, executive branch cooperation with out-of-state investigations and legal actions (including extradition) arising from the lawful provision of abortion in New Mexico and 2) gives a directive to the State Regulation and Licensing Department to work with boards of professional licensure to protect abortion providers from out-of-state sanctions.[9]N. M. Exec. Order No. 2022-107 (June 27, 2022). On August 31, 2022, the New Mexico governor issued an executive order that provides $10 million to develop a new abortion clinic near the state’s southern border with Texas. [10]N.M. Exec. Order No. 2022-123 (Aug. 31, 2022). In 2023, the state enacted a law to ensure access to reproductive healthcare, including abortion, and gender affirming care.[11]H.B. 7, 2023 Sess., Reg. Sess. (N.M. 2023). Public bodies are prohibited from: restricting or interfering with such care; discriminating against people who use these services; enforcing any law or policy that restricts this care; and can face civil penalties for violating the law.[12]Id. In 2023, enacted interstate shield laws protecting providers, patients, and people who help others access abortion and gender affirming care from professional licensure consequences, out-of-state investigations and legal actions.[13]S.B. 13, 2023 Sess., Reg. Sess. (N.M. 2023).
Post-Roe Prohibitions
In 2021, New Mexico repealed its pre-Roe ban.[14]N.M. STAT. ANN. § 30-5-1 through § 30-5-3; repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021).
Conclusion
Now that the Supreme Court has overturned Roe, abortion will remain accessible in New Mexico. New Mexico courts have not determined whether the state constitution protects the right to abortion.
References
↑1 | N.M. STAT. ANN. § 30-5A-3. |
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↑2 | Id. § 30-5-1(c), repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). |
↑3 | N.M. STAT. ANN. § 24-14-18. |
↑4 | See, e.g., id. § 30-5A-5. |
↑5 | Id. § 30-5-1, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). |
↑6 | Planned Parenthood of N.M. v. New Mexico, No. CV-200604230 ¶ 11 (N.M. 2d Dist. Ct. 2007). |
↑7 | N.M. CONST. art. 2, § 18 (“No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.”). |
↑8 | New Mexico Right to Choose/NARAL v. Johnson, 126 N.M. 788, 975 P.2d 841 (N.M. 1998). |
↑9 | N. M. Exec. Order No. 2022-107 (June 27, 2022). |
↑10 | N.M. Exec. Order No. 2022-123 (Aug. 31, 2022). |
↑11 | H.B. 7, 2023 Sess., Reg. Sess. (N.M. 2023). |
↑12 | Id. |
↑13 | S.B. 13, 2023 Sess., Reg. Sess. (N.M. 2023). |
↑14 | N.M. STAT. ANN. § 30-5-1 through § 30-5-3; repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). |