NM State Leg seeks to repeal anti-abortion law
Andrew Gunn | December 3As Capitol Hill continues to cast doubt over the future of the landmark 1973 federal abortion ruling Roe v. Wade, New Mexican Democrats in the State Legislature are planning a preemptive measure to ensure abortion access remains legal at the state level. The state law being revisited is a criminal law from 1969, N.M. Stat. Ann. § § 40A-5-1, -3 (Appendix D), which makes it a fourth degree felony for abortion providers to end a woman’s pregnancy with exceptions in the case of health risks, birth defects, rape or incest. The law also stipulates that an abortion provider with moral or religious objections to the procedure is not obligated to perform it. After the Roe v. Wade ruling, this statute became unenforceable — although it has remained on the books for nearly 50 years.















