Written By Logan Brown

2/16/23

You may have heard about the sanctuary city for the unborn ordinances that have passed in both Roosevelt County and the city of Clovis (and Lea County, Eunice, and Hobbs). There continues to be a lot of public misunderstanding about what the ordinances do and don’t do. Hopefully this article should be able to clear most of them up today.  The ordinances are all very similar to one another. Simply stated, they require compliance with federal law that prohibits the shipping of abortion supplies, paraphernalia, and medication through the mail and or any other carrier. These federal laws, known as 18 USC 1461 and 18 USC 1462, are more commonly known as the Comstock laws. During the time of Roe V Wade these laws were still on the books but were not enforced because of Roe. Now with Roe V Wade overturned, these local ordinances in New Mexico and other states are relying on these federal Comstock laws to regulate or ban abortion at the local level.  The federal laws don’t allow the shipping of the abortion pill, among other items used to perform abortions.  Over half of all abortions performed in the U.S. right now are done using the abortion pill called mifepristone (part of a 2-pill regimen).  By the local ordinances requiring compliance with federal law, the abortion pill cannot be shipped and therefore essentially bans abortions.  It’s been called by the founder of the Sanctuary City for the Unborn Initiative, Mark Lee Dickson, as a “de facto abortion ban.”

I encourage everyone to read the ordinances to know what they do and don’t do.  The Roosevelt County Ordinance can be found here: https://www.rooseveltcounty.com/wp-content/uploads/2023/01/2023-01SCFTU-Ordinance.pdf.  The Clovis Ordinance can be downloaded here:  http://cloviscitynm.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=21101&MeetingID=2346.

 

******COMMON MYTHS VS. FACTS******

Myth #1:  This will prevent women from receiving live-saving healthcare in the event of an ectopic pregnancy or miscarriage.

Fact #1:  Women will have full access to life-saving healthcare for ectopic pregnancies and miscarriages.  This is clearly laid out on page 1 of the ordinance under the definition of “Abortion” and what the term does not include.

Myth #2:  Women will not be able to access contraception, including emergency contraception and Plan B (the morning after pill).

Fact #2:  The ordinance does NOT restrict these contraceptives in any way.  Once again, see the definitions on page 1.

Myth #3:  women that violate this ordinance will be sued personally and have criminal charges placed against them.

Fact#3:  No civil action can be brought against the woman whom the abortion was performed or induced.  (See Roosevelt ordinance, Section 3, Subsection I, numbers 1-4).

 

              Before I explain the differences between the two local ordinances, I want to give some background into why the push for these anti-abortion ordinances even came about in the first place.  First and foremost, because our communities are extremely pro-life!  The people of Eastern New Mexico recognize the value of all human beings from fertilization to natural death.  With that said, the pro-life community was acting in response to Whole Women’s Health targeting the small, rural areas on the eastern side of the state.  After the overturning of Roe V Wade last summer, Whole Women’s Health of Texas had to shut down 4 abortion facilities.  They put out press releases saying that they were going to be moving to Southeastern New Mexico.  Then a few weeks later they specified three cities they planned on opening abortion clinics: Hobbs, Clovis, and Las Cruses.  Contrary to popular belief, abortions are not protected by NM state law.  Back in 2021, the State legislature appealed a 1969 law that regulated abortions, but they didn’t put anything in its place to enshrine abortion access.  The state found itself in limbo, with no laws that regulated or banned abortion and no laws that allowed or protected it.  This was the opportune time to act to protect the lives of babies in the womb in Eastern New Mexico.  Local members from all walks of life from multiple denominations and faiths came together to act.  The only problem was none of them had experience going against the very well-funded abortion industry.  Then along came Mark Lee Dickson!  He, along with his well-known and respected attorney Johnathan F. Mitchell, were able to craft local ordinances that were then presented to the city and county commissioners that went over the State’s jurisdiction and relied on federal laws!  The rest as they say, is history.

Now to the distinctions between the Clovis and Roosevelt ordinances.  The major distinction lies in the enforcement mechanism.  Let’s begin with the Clovis Ordinance.  The Clovis Ordinance Number 2184-2022 was passed on January 5th, 2023, by a vote of 7-0, with one commission member who abstained, Lauren Rowley.  It works by requiring any abortion provider to apply for a business license through the City (which is already required).  The abortion provider would have to sign documents that they plan on abiding by all state and federal laws, including 18USC1461 and 18USC1462.  Since they cannot abide by these federal laws, they would be denied a business license.  No business license means they cannot open an abortion clinic inside the city limits of Clovis, NM!  This is the same way the Hobbs ordinance functions, by the way.

Now to the Roosevelt County ordinance. The ordinance was passed on January 10th, 2023, by a vote 4-1, with the only commissioner voting no was Dennis Lopez.  The Roosevelt County ordinance is enforced by private citizens, like how the Texas heartbeat bill was initially enforced. Only private citizens can enforce this ordinance, through civil litigation (lawsuits). No member of a public body, including any local or state employed or elected officials, can be involved in the lawsuit. The private citizen would be allowed to sue the person or company that shipped the abortion pill, NOT the woman who received the abortion pill.  The person bringing the lawsuit, if successful in court, could “receive statutory damages in an amount of not less than $100,000.”

What was the purpose of these local ordinances?  To keep abortion providers from being able to provide abortions in Eastern New Mexico!  How effective have they been?  Well, remember Whole Women’s Health that planned on moving here from Texas?  The CEO saw the large up-rising of the pro-life community and chose to open their clinic in Albuquerque instead.  The CEO even said that she made the decision because they wanted to go where they were more welcomed.  Are the ordinances perfect?  No, but they served their purpose of scaring off one of the largest abortion providers in the country and kept abortion clinics out!  They also stand a chance of getting out of New Mexico court systems and to the Supreme Court of the United States of America where the federal laws could be upheld and it be illegal for abortion pills to be shipped nationwide!

God has been working tremendously to stir His people to take a stand for life in Eastern New Mexico and He deserves all the praise and honor for the lives that have been saved.  Wouldn’t it be amazing for God to use the citizens of Eastern New Mexico to get one step closer to ending the slaughter of His image bearers in the womb nationwide!  Thanks for reading and God bless.