Advocating for Women Across New Mexico

Abortion Access in New Mexico

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New Mexico Laws

During the 2023 New Mexico legislative session, two major bills were passed that strengthened protections for abortion access and gender-affirming healthcare.

Reproductive and Gender-Affirming Healthcare Act: 

  • prohibits public bodies, including local municipalities, from denying, restricting, or discriminating against an individual’s right to use or refuse reproductive or gender-affirming care.

Reproductive Health Provider Protections Act:

  • prohibits public bodies from releasing information or using its resources in furtherance of investigations by other states that are looking to impose their laws against engaging in protected health care activity, like abortion.
  • requires those public bodies to inform a person or entity if they receive a request for their protected healthcare information and allows the public body to file a response to the request in court, asking for it to be modified or cancelled.
  • also requires those public bodies to not comply with out of state subpoenas that are for an investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action related to a protected health care activity.

Health Provider Protections Act:

  • prohibits public bodies, including local municipalities, from denying, restricting, or discriminating against an individual’s right to use or refuse reproductive or gender-affirming care.

Views on abortion: a survey of Native American women in New Mexico

In 2019, the New Mexico State Senate failed to pass a bill that would have removed an old abortion ban that had been on the books. Part of their argument was that Native Americans were opposed to abortion due to cultural and religious beliefs. The SWLC worked with Forward Together and Latino Decisions to conduct a survey of Native Americans on their views and beliefs around abortion.

Of the Native Americans surveyed: 

  • 89% believed Native American women and families deserved to make their own healthcare decisions without government interference.
  • 72% agreed with the statement: “I can hold my own moral views on abortion and still trust a woman and her family to make this decision for themselves.”
  • 1 in 3 were aware that the Hyde Amendment (a congressional funding restriction) explicitly prohibits the use of federal funds to provide abortion care at Indian Health Service (IHS) clinics. 

We used this information to advocate for the repeal, which successfully passed in 2021.

>> To learn more about the survey and results, visit Forward Together.

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