Senator William Sharer, R-Farmington, pleaded on the floor of the Senate on Thursday in favor of a proposed amendment to a democratic bill that repeals the ban on a long dormant abortion. The amendment was rejected and the bill finally passed a vote of 25-17 after more than three hours of debate. (Eddie Moore / Journal)
SANTA FE – different Senate, different votes.
Two years after a bill that would repeal a long-dormant abortion ban in New Mexico was passed, a Senate with a new appearance voted Thursday 25-17 to approve similar legislation.
The vote, which took place after more than three hours of emotional and sometimes teasing debate, is the basis for the Democratic government to finally approve the measure by next week and send it to governments Michelle Lujan Grisham.
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“We can abort our own moral values and still trust a pregnant woman and her family to make the decision for themselves,” said Linda Lopez, D-Albuquerque, chief sponsor of the bill.
The final vote on the measure, Senate Bill 10, came after several proposed Republican amendments were rejected, including attempts to ban abortions after 20 or 35 weeks of pregnancy.
Republicans were also angry that Lopez, in a break with the typical Senate decoration, refused to answer questions during the floor debate.
And they argued that repealing the 1969 abortion law that criminalizes abortion in most cases would cause an exodus of health workers in New Mexico, since the targeted law also includes a ‘conscience clause’ that allows doctors and nurses not to participate in an abortion procedure if they have moral objections.
“It leaves no choice to our doctors,” said Senator Crystal Diamond, R-Elephant Butte, who described it as a “no choice” bill.
But majority Democrats backed the claim, pointing out that other medical conscientious objections would remain in state and federal law if the 1969 law were repealed.
“We must not resort to intimidation tactics,” said Senator Jacob Candelaria, D-Albuquerque. The IDP claims are political statements that are not supported by law.
The 25-17 vote on the bill fell largely by party lines, with only two Democrats – Sen. George Muñoz of Gallup and Pete Campos of Las Vegas – voting with Republicans against the legislation.
Both Muñoz and Campos also voted against abortion legislation in 2019, but six other Democrats who voted against this year’s bill are no longer in the Senate, five of which were defeated in the June 2020 primary election.
The abortion law in New Mexico is now largely unenforceable due to the US Supreme Court’s ruling in 1973 on Roe v. Wade.
But changes to the composition of the Supreme Court during the tenure of former President Donald Trump have raised questions about whether the decision can be partially or fully overturned in the coming months.
Lujan Grisham, who said the abortion ban in New Mexico would be ‘gone’ last year once there were enough votes in the Senate to pass a repeal, said in a statement on Thursday that the legislation confirms the autonomy of ” a woman over her own body.
“I thank and applaud the female senators who spoke in such personal terms today in their supportive testimony,” the governor said. “It was a moment for sound sensible leadership and I am grateful to the legislators and advocates who met at that moment.”
Even before the final vote was taken in the Senate, House Speaker Brian Egolf D-Santa Fe told reporters on Thursday he expected to refer the abortion bill quickly to a House committee.
This can be decided in the House at the end of next week, depending on other scheduling considerations.
Dan McKay, reporter for the Journal Capitol Bureau, contributed to this report.