This week, the New Mexico State House made a giant step in favor of abortion rights and a woman’s right to choose. Representatives voted to repeal a 1969 abortion statute that has remained unenforced in the Land of Enchantment since the Roe v. Wade ruling in 1973. The 52-year-old abortion statute allows medical termination of a pregnancy only with the permission of a specialized hospital board, and only in instances of rape (that must be reported to police), incest, or if the mother or fetus is in danger. Since the Trump administration and the GOP-led senate installed three anti-abortion Supreme Court Justices, the repeal is important in case Roe v. Wade is overturned.
I often wonder why conservatives and many GOP leaders are so concerned with a women’s right to choose, especially since they have historically supported a limited federal government. If conservatives want small government, why push for state and federal laws to restrict abortions? The answer is, limiting abortions, preserving gun rights, and smaller government make up the triad of the GOP’s platform.
Abortion has not always been a bone of contention in American politics or even a blip in American public opinion. For example, in the 18th and 19th centuries, abortions were allowed under common law and widely practiced in the United States. They were illegal only after “quickening,” the term describing when a woman could feel the fetus moving. At conception, and before quickening, few Americans (or even the Catholic Church) believed that human life exists.
Although abortion is considered immoral in many Christian traditions, it wasn’t until the mid-19th century, that the Catholic Church accepted the view that a fetus did not possess a soul. But around 1869, at about the time abortion was being politicized in the U. S., the church turned around and condemned it, even in cases where the mother’s life was in danger. By 1880, abortions were illegal, except when necessary to save a woman’s life. Incidentally, we owe it to medical professionals at the time who urged conservatives to put in that exception to the law.
In the 1970’s the abortion issue heated up when Richard Nixon began researching anti-abortion positions as a way to appeal to Catholic voters and other social conservatives. After Nixon won the election and a majority of Catholic votes, Republican strategists saw that Nixon was on to something. They started to use the same tactics in the House and the Senate, and united with evangelical groups who opposed abortion. I must say that the shift to opposing abortion rights was not for humanitarian reasons, but part of a larger effort to portray the Republican Party as pro-family.
They sought a strategy to help mobilize socially conservative voters under one cause by fueling grassroots abortion opponents. Abortion restrictions were struck down by the courts after Roe v. Wade. Pro-lifers and anti-abortion activists rallied, and the GOP was there to champion their cause. Ronald Reagan is an example of this chameleon-like change: As Governor of California in 1967, Reagan signed a law loosening abortion restrictions, but his 1980 presidential campaign called for the appointment of anti-abortion judges.
When Trump campaigned in 2016, he continued the trend and promised to appoint Supreme Court justices who would overturn Roe v. Wade. He made good on that promise by appointing Justices Neal Gorsuch, Brett Kavanaugh, and Amy Comey Barrett, all noted anti-abortionists. During the Trump administration, conservative state legislators became emboldened and began passing increasingly restrictive abortion laws. Some states banned abortion after 15 weeks and earlier. No doubt, in many of these cases, the authors of the laws believed they had leverage with three conservative Supreme Court Justices in place.
Georgia, Kentucky, and Mississippi all passed “heartbeat” bills that would ban abortions as early as six weeks before many women know they’re pregnant. As of January 1, 2021, the state of Kentucky passed legislation banning abortion if Roe v. Wade is overturned. Abortions could be performed at 20 or more weeks only in cases of threat to life or severely compromised physical health.
No matter your personal or religious beliefs, abortion rights are human rights. While a majority of women live in countries where abortion is legal, 41% of women live in countries where abortions are restricted or outlawed. 700 million women of reproductive age do not have access to safe abortion procedures. According to the World Health Organization (WHO), 23,000 women die of unsafe abortion each year. Others suffer from significant health complications. As these and other studies have shown, restricting abortions does not result in fewer abortions, rather it encourages women to risk their lives by seeking unsafe abortions.
The repeal of New Mexico’s 1969 abortion statute is a giant step not only for abortion rights but for human rights as well. Every woman in this state has a right to a safe abortion. And although pro-life advocates argued against this repeal, my answer is – it’s not your call. The decision to have an abortion is a personal one. Politics and government have no role in it. I would expect the GOP to support abortion rights as they support Second Amendment rights or limited government. However, as history shows, when it comes to gaining votes, the rules can change.
Thanks to Thomas Campbell for editing this blog post.