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Southwest Women’s Law Center

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Official Statement on Texas Senate Bill 8

The Southwest Women’s Law Center (SWLC) is outraged and saddened that women’s health, fundamental freedoms, and constitutional rights continue to be attacked in America. On September 1, 2021, Senate Bill 8 took effect in Texas. This bill is aimed at banning safe abortions after a fetal heartbeat is detected, usually around 6-weeks’ gestation.

According to the Centers for Disease Control (CDC), in 2018 more than 90% of abortions were performed around or before 13-weeks’ gestation. Most women seeking abortions do not know they are pregnant until after the 6 -week mark. Texas Senate Bill 8 doesn’t stop abortion. This bill only makes abortions harder to obtain and will endanger the lives of women in Texas.

This has been a consistent effort by lawmakers and anti-abortion zealots in Texas over the last several decades. In 2013, lawmakers attempted a similar abortion ban known as House Bill 2. The U.S. Supreme Court ruled the ban was unconstitutional in 2017. But the damage was already done to abortion access in Texas. As a result, less than 20 abortion clinics exist today in Texas. Now, lawmakers in Texas have taken further action and have banned abortions after 6-weeks with the passing of Senate Bill 8.

Under Senate Bill 8, seeking an abortion is not criminalized. However, those who assist the person or perform the abortion may face civil liability. Worse, this law actively encourages private citizens, with no standing, to act as bounty hunters by awarding them $10,000 if they successfully sue another person for providing abortion or assisting someone who gets an abortion after 6-weeks’ gestation.

This abortion ban is intentionally designed to overwhelm clinics in the state with lawsuits and legal bills and force them to shut down. Due to structural racism and inequities, laws like Texas’ abortion ban disproportionately harms people of color, people with low incomes, and those living in rural areas. This bill will effectively end safe abortion access in Texas. Unfortunately, these bans will not stop in Texas. Oklahoma passed a similar bill that is expected to go into effect on November 1, 2021. The Oklahoma bill makes performing an abortion a homicide. Florida is now also considering a bill like the abortion ban in Texas. Women in New Mexico are currently immune from the laws in other states. But this does not mean we should sit by and watch our sisters in other states suffer. We at the

Southwest Women’s Law Center is involved in efforts to support those seeking safe abortions and encourage others to help however they can. Organizations Below is a list of organizations currently engaged in the fight for Women’s access to safe and legal reproductive health services:

OrganizationWhat they are doingWebsite
ACLUPursing a lawsuit regarding the Texas safe abortion ban.aclu.org
Fund Texas
Choice		Provides travel and accommodation assistance to Texas residents.fundtexaschoice.org
Lilith FundProvides financial assistance and emotional supportlilithfund.org
Avow and Lilith
Fund		Provides location of clinics, funding information, free legal help for pregnant minors, counseling, and other help.needabortion.org
National Network of Abortion FundsProvides a list of organizations that can help fund abortion in all 50 states.abortionfunds.org/need-abortion

We encourage supporters to contact the organizations directly to provide monetary support.

Download PDF Statement

We are hiring!

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The Southwest Women’s Law Center is looking for a Development Specialist to help us build our fundraising capacity from the ground up.

Established in 2005, the Southwest Women’s Law Center (SWLC) works on issues that impact women and girls around reproductive rights, economic security, and gender discrimination in New Mexico.

We are looking for a donor relations/fundraising professional who has a passion for our mission and vision and is excited to share it with the community.

As a small nonprofit, the SWLC relies heavily on grants to allow us to do our work and we are looking to expand our operations

View Details and Apply

How Indigenous Women Repealed New Mexico’s Longstanding Abortion Ban

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Via Bustle, By Jennifer Gerson

When Terrelene Massey watched New Mexico’s bill to repeal the state’s abortion ban die in the state House in 2019, she was struck by what she calls a “convenient argument” made by some legislators: that they couldn’t vote in favor of the bill because their Native and Indigenous constituents were opposed to it. These legislators — by and large non-native — said their constituents’ cultural practices and spiritual beliefs were at odds with the pro-abortion measure.

Massey, the executive director of the Southwest Women’s Law Center, knew this couldn’t be true. From her own lived experience as a Navajo woman, and her professional experiences as an advocate for Indigenous women in the Southwest,she’d seen firsthand how her peers value body sovereignty as part of their spiritual traditions, and how Indigenous people throughout the region had longstanding, ancestral practices for delivering abortion care.

“Maybe it’s because I am Native American, I am more attuned to seeing what’s missing when we’re not at the table and people trying to fill in our voices for us — and filling that space with inaccuracies and myths,” Massey, who had advocated for the 2019 bill’s passage, tells Bustle.

Jennifer Gerson, Author, Bustle.com

Read Full Article

SB 10 – We are almost there!

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We can see the light at the end of the tunnel. The finish line is in our sight. We are on the last leg of our journey. The repeal of New Mexico’s unconstitutional abortion ban is within our grasp. We are this close to completing this nearly fifty-year journey of removing the 1969 abortion ban from New Mexico’s criminal code.

The abortion ban repeal was passed on the Senate floor and sailed out of its five committee hearings with one technical amendment, which does not change the substance of the bill, meaning the repeal bill has not been changed, added to, or watered down. The next stop is the floor of both the New Mexico House and then to the Governor’s desk. This is clearly the most dangerous part of the journey.

The SWLC is so grateful for all the support you have provided in this process. Without the support of the abortion rights warriors in New Mexico, we could not have gotten this far in this righteous journey and we appreciate each and every one of you and thank you for getting us to this historic place. However, we have arrived at the pinnacle of this fight and we need you to stay strong. The anti-abortion rights supporters are bombarding our House and Senate members with unfounded and unbelievable claims about what repealing and removing the abortion ban from the books will do. The majority of these calls and emails are from outside their districts some even from outside the state, but they are still receiving an enormous amount of pressure from the other side.

Now is the time to contact your House members and help them to stay strong against the supporters of anti-abortion rights. Demand they vote “Yes!” to repeal the abortion ban statute and also let your legislators know that you support them in this fight, too. Tell them that you have stood beside them (virtually of course!) at every step in this journey and are there to sustain them, to give them the strength they will need to keep fighting, to bring this bill to the floor and vote to repeal the ban!

At this moment, we are on the precipice of history. What happens in the next few days will determine New Mexico’s place in this country. Will it be a state that robs pregnant people of their bodily autonomy or will New Mexico be a state that supports a pregnant person’s right to follow their own values when it comes to healthcare decisions, including abortion care? Know that you do have a say in this.

Please contact your representative. Let them know that you support SB10, the Respect Women and Families Act, which repeals the abortion ban in its entirety. Let your representatives know that you support them as well. They need to hear this.

You can find who your legislators are at:
https://www.nmlegis.gov/Members/Find_My_Legislator

Thank you for your support

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NM Political Report: Advocates for abortion ban repeal start off a first full week of New Mexico Legislature

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Via Susan Dunlap, NM Political Report

Unlike 2019 when the New Mexico State Senate blocked repealing the 1969 abortion ban, more than half of the 2021 state Senate have signed on to cosponsor SB 10, this year’s effort.

SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is a bill that will run parallel to HB 7, sponsored by state House Rep. Micaela Lara Cadena, D-Mesilla. Co-sponsor and Senate Majority Leader Peter Wirth, D- Santa Fe, said during a press conference Monday morning held by Respect New Mexico Women, a coalition of nonprofit organizations, that 25 state senators have signed onto the bill for the 2021 Legislature. 

Read Full Article

HB 44 – UNEMPLOYMENT COMPENSATION RESTRICTION CHANGES

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The pandemic leaves many New Mexicans with impossible choices between protecting their health and meeting basic needs.

This bill amends the Unemployment Compensation Law to respond to the current public health emergency with provisions to temporarily expand Unemployment Insurance eligibility. These provisions protect workers who are unable to work due to conditions related to the pandemic.

WHAT’S THE NEED?

The COVID-19 pandemic has impacted nearly every part of New Mexican’s lives. Health, education, family responsibilities, employment, and so much more have been disrupted by this public health crisis. We owe it to NM residents to do all we can to mitigate those impacts.

HOW DOES COVID-19 IMPACT EMPLOYMENT?

COVID-19 threatens employment in several ways:

  • Workplaces are forced to close or reduce the number of people working at individual worksites due to public health orders issued to protect the health of customers and essential workers, particularly when working at home is not an option.
  • Employees may be required to quarantine after exposure or diagnosis of COVID-19.
  • Some workers will be unable to return to work safely during the public health emergency because of underlying health conditions that make them more susceptible to COVID-19.
  • Some workers need to care for a family member who has been diagnosed and/or who is seriously ill with COVID-19.
  • COVID-related childcare and school closures prevent working parents from working or seeking work.

WHO IS IMPACTED?

  • Women, especially women of color, have been most impacted by the COVID-19 recession. (1) With a higher concentration of jobs in the hard-hit service industry and more caregiving responsibilities for both children and elders, women have borne the brunt of COVID-related job and income loss.
  • In the most recent U.S. Census Household Pulse Survey, NM adults living in households with children under 17 reported the following: (2)
    • 58% reported a loss of income since March 13, 2020;
    • 87% reported not receiving any pay for time not working;
    • 51% reported difficulty managing regular household expenses during the last week; o 20% reported difficulty getting enough food to eat in the last week (up from 15% pre-pandemic).
  • Each year, 419,000 New Mexicans provide unpaid caregiving for elders. (3)
  • New Mexicans face higher than average rates of pre-existing conditions that make them more susceptible to COVID-19. (4)

FEDERAL EMERGENCY PROVISIONS ARE NOT ENOUGH FOR NM WORKERS.

HB 44 – UNEMPLOYMENT COMPENSATION RESTRICTION CHANGES

  • Families First Coronavirus Relief Act (FFCRA) offered limited emergency paid sick and paid family leave protections for workers impacted by COVID-19, but those limited protections expired on December 31, 2020 (5)
  • The Coronavirus Relief & Omnibus Agreement extends Pandemic Unemployment Insurance (PUA) protections to workers who would usually be ineligible, including independent contractors, (6)
  • The Coronavirus Relief & Omnibus Agreement also reauthorizes $300 supplemental benefits for those receiving Unemployment benefits from December 26, 2020 through March 14, 2021. The 13 week extension of UI benefits, offered in CARES Act, have now expired. (6)

WHAT TO KNOW

  • This temporary expansion of eligibility criteria for Unemployment Insurance will fill the gaps left by federal policy and ensure that New Mexicans can maintain economic stability during the COVID-19 pandemic.
  • The bill would offer temporary protections for individuals unable to participate in the workforce due to:
    • Exposure to or diagnosis of COVID-19;
    • Need to provide care to a family member diagnosed with COVID-19;
    • An underlying medical condition that makes an individual more susceptible to COVID-19;
    • A COVID-19 related workplace closure;
    • Child care being unavailable due to COVID-19.
  • Most Federal provisions expired on December 31, 2020. Those that were extended are still set to expire by March 14, 2021. However, we expect that COVID-19 will impact economic stability throughout the declared public health emergency. This bill would provide relief to New Mexico families until January 1, 2023.

PLEASE HELP US PASS TEMPORARY ELIGIBILTY EXPANSION FOR UI!

Endorsed by:
NM Voices for Children Fathers NM
OLÉ Education Fund
NM Public Health Association Respect NM Women
Endorsed by: Southwest Women’s Law Center
NM Center on Law & Poverty
NAPAWF – Albuquerque Chapter HEAL+NM
NM Religious Coalition for Reproductive Justice
Professional Business Women of New Mexico
Center for Civic Policy Interfaith Worker Justice NM NOISE for NOW

References:
1. Karageorge, E.X. (2020). COVID-19 recession tougher on women. U.S. Bureau of Labor Statistics. Accessed January 5, 2021. https://www.bls.gov/opub/mlr/2020/beyond-bls/covid-19-recession-is-tougher-on-women.htm
2. KIDS COUNT Data Center from the Annie E. Casey Foundation. Accessed January 4, 2021. https://datacenter.kidscount.org/data#NM/2/0/char/0/271
3. NM Aging and Long-term Care Department. Caregivers. Accessed June 12, 2020. http://www.nmaging.state.nm.us/caregivers.aspx
4. Gallagher L. The State of Health in New Mexico 2018. Published 2018:103.
5. COVID-19 and the American Workplace | U.S. Department of Labor. Accessed January 4, 2021. https://www.dol.gov/agencies/whd/pandemic
6. U.S. Department of Labor. Continued Assistance for Unemployed Workers Act of 2020 (Continued Assistance Act) – Summary of Key Unemployment Insurance (UI) Provisions. Accessed January 4, 2021. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3831

Download HB 44 Fact Sheet

For questions or comments, please contact the Southwest Women’s Law Center: 505-604-3243 or info@swwomenslaw.org