New Mexico bill targeting ‘sanctuary cities for the unborn’ heads to governor’s desk
On Friday, the New Mexico House of Representatives agreed to the changes made by the Senate to House Bill 7, which approves the bill that seeks to prohibit any branch of government or individual acting on behalf of a public body from denying an abortion to anyone seeking it. It also prohibits cities from becoming “sanctuary cities for the unborn.”
Last Tuesday, the New Mexico Senate pass the Health Care Freedom Act (HB 7) by a 23 to 15 vote. Although the bill passed the House in February, it was sent back to the House for approval with language changes made by the Senate Judiciary Committee. The House approved those changes and now the bill heads to the Gov’s desk. Michelle Grisham. He is expected to sign it.
Under the bill, “denying, restricting, or interfering” with an abortion attempt would be viewed as an act of discrimination, as would “denying, restricting, or interfering” with someone’s desire not to have an abortion.
In addition, the bill states that a public body or individual acting on behalf of that public body “shall not enact or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health. Care Freedom Act.” Essentially, no pro-life law or ordinance — state or local — would be allowed to stand under the bill should it become law.
The city of Clovis, New Mexico, became the 63rd “Sanctuary City for the Unborn” in January. That local ordinance could be in jeopardy from this bill.
In a change made by the Senate, the current version of the bill states that nothing in it “shall be construed to require a health care provider or entity to provide care… duty to provide under state law or federal” or when the abortion is “contrary to the medical judgment of the treating health care provider while acting in accordance with the standard of care….” The Senate also changed the language to include a section stating that health insurance companies cannot be forced to cover claims for services not required to be covered by their contract or by law.
If a public body is found to have violated the law, it could be subject to a $5,000 civil penalty or actual damages resulting from the denial of an abortion. Claims of discrimination cannot be brought against individuals.
Jodie Hendricks, executive director of the New Mexico Family Action Movement, spoke out against the bill, saying it would take away the right of local jurisdictions to make their own abortion laws. “We do not believe that local governments and bodies should lose the right to determine what is best for their communities,” he said.
