New Mexico lawmakers consider state's first abortion restrictions

Three new bills filed by pro-life legislators in New Mexico have a chance at becoming the first major abortion restrictions enacted in the state.

The New Mexico legislature has seen pro-life legislation before, but the bills all died in committees controlled by pro-abortion democrats, said Cheryl Sullenger, senior policy analyst for Operation Rescue. This legislative session is different: Though Democrats control the Senate, Republicans have a strong majority in the House for the first time since 1954.

Two of the bills, introduced in the House, require parental notification for minors and ban late-term abortions. The third bill, introduced in the Senate, requires admitting privileges at a local hospital. Both the parental notification bill and late-term abortion ban allow exceptions for rape, incest, sexual abuse, and threats to the mother’s health. Each proposes a minimum $5,000 fine and possible license suspension for abortionists found in violation.

The parental notification bill and late-term abortion ban have committee hearings today.

“This is common-sense legislation that protects the life of the child after five months pregnancy,” said state Rep. Yvette Herrell, who sponsored the late-term abortion ban. It would align New Mexico with 42 other states already restricting abortion at 20 weeks if a physician determines viability.

But the proposed ban has flaws, Sullenger said. Unlike pain-capable bills, New Mexico’s late-term abortion ban bases the legality of an abortion on the unborn child’s viability, which can be determined by the abortionist.

“That is problematic,” Sullenger said. “What you’re going to have is a default 24 weeks.”

But Sullenger believes the bill still merits support because it will stop most late term abortions in the state: “It will save a certain number of babies every year. It’s better than not having anything.”

Dauneen Dolce, executive director of Right to Life Committee of New Mexico, said her organization neither supports nor opposes the late-term ban. Although she wouldn’t be more specific about her concerns, she described the legislation as “poorly written” and said she didn’t think it would be as beneficial as proponents hoped.

Though partial-birth abortions have been banned at the federal level, New Mexico has yet to ban the induction abortions performed at Albuquerque’s Southwestern Women’s Options. Induction abortions involve injecting the baby with a drug to induce a heart attack. Two days later, the dead baby is removed through induced labor, or suction.

In 2013, pro-life advocates in Albuquerque attempted to stop late-term abortions in the city by passing the Pain Capable Unborn Child Protection Ordinance. Though it failed, it helped shift public opinion on the issue, Sullenger said. People learned abortionists at Southwestern Women’s Options operated in New Mexico to avoid more stringent laws in other states.

Gov. Susanna Martinez describes herself as pro-life but has not actively pushed for pro-life legislation. But this time, the governor has publicly supported the late-term abortion ban and the parental notification requirement.

“This is a unique and very special opportunity [in New Mexico],” Sullenger said. “This was unthinkable a couple years ago.”

The Associated Press contributed to this report.