On Monday, the city of Hobbs, New Mexico (pop. 40,508), considered an ordinance addressing abortion access within its city limits. After hearing from members of the community, followed by a thorough presentation by the Hobbs City Attorney, the City Commission voted 7-0 in support of introducing the “Ordinance Requiring Abortion Providers In the City of Hobbs to Comply with Federal Law.” Now the ordinance will move forward to be published twice and will proceed for a final vote in the coming weeks.
The city, which is the seventh largest city in the state, is the second city to advance a “Sanctuary City for the Unborn” ordinance in New Mexico. Last week, the city of Clovis (pop. 38,567), which is the eighth largest city in the state, unanimously voted to move their ordinance forward.
The proposed Ordinance Requiring Abortion Providers in the City of Hobbs to Comply with Federal Law does not allow a business license to be issued to any abortion provider within the city, unless that provider agrees to comply with federal laws. The ordinance finds that federal law, in 18 U.S.C. §§ 1461–62, “imposes felony criminal liability on every person who ships or receives abortion pills or abortion-related paraphernalia in interstate or foreign commerce” and that all such acts are “offenses under the federal Racketeer influenced and Corrupt Organizations (RICO) Act.“
The ordinance states, “It shall be unlawful for any person or licensed abortion clinic within the municipal boundaries of the City, or any employee or agent of an abortion clinic licensed by the City, to violate 18 U.S.C. § 1461 by using the mails for the mailing, carriage in the mails, or delivery of: Any article or thing designed, adapted, or intended for producing abortion; or any article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion.”
While different from Sanctuary Cities for the Unborn ordinances passed in 51 communities throughout Texas, Nebraska, Ohio, Louisiana, and Iowa, the New Mexico ordinances are believed to accomplish the same goal: an abortion-free community.
Pastor Kyle Brown with Grace Lutheran Church in Hobbs speaks before a crowd before the Hobbs City Commission Meeting. (Photo: Mark Lee Dickson)
The ordinance was placed on the agenda as a result of 27 people speaking in support of the measure at a commission meeting on October 3rd. At that meeting, where over 100 people were in attendance, only one person spoke in opposition to the ordinance being addressed by the City Commission. Representatives from several pro-life organizations were present for the meeting, including: Right To Life Committee of Lea County, the Knights of Columbus, Southwest Coalition For Life, West Texas For Life, Right To Life of East Texas, and members of several churches in the community. Mayor Javier Joven of Odessa, Texas (pop. 125,413), encouraged the city commission to place the ordinance on a future agenda and to do its part to “protect West Texas lives from being killed on Southeastern New Mexico soil.”
At the October 17th commission meeting, where the ordinance had been placed on the agenda for introduction and publication, over 100 members of the community showed up to see what their commissioners were going to do regarding the ordinance. Once again, representatives from several pro-life organizations were present for the meeting, including Right To Life Committee of Lea County, the Knights of Columbus, Abortion On Trial, Right To Life of East Texas, and members of several local churches.
At that meeting, the city commission chose to limit public comment on the ordinance to “five speakers for an abortion ordinance” and “five speakers against an abortion ordinance.” While five spoke in favor of the ordinance (and over 100 stood up in support of the ordinance when called), only one person from the community spoke in opposition.
One of the voices in favor of the ordinance was Attorney Mike Seibel with Abortion On Trial, based in Albuquerque, New Mexico. Speaking before the commission, Seibel shared, “Abortion hurts communities… You can prevent women from taking that abortion pill here in your town and ending up in your emergency room.” He added, “You can protect the injured women. Over 50 of them just from one clinic in Albuquerque who have been hurt and maimed by the abortion industry. Or like my last client, who died. It’s time for you to step up and protect women. Each and every day I get a call from women across this country from the abortion pill. They’re crying. They’re sad. They’re sobbing. Many of them can’t go into their bathroom, because that’s where they killed their baby. Many of them ask me where they’re going to bury their baby. Because they don’t know whether to flush it down a toilet or take it home and bury it in their backyard….”
Pastor LaVoid Ford of Temple Baptist Church also shared before his commissioners. “As a pastor and as a citizen of Hobbs, I know it takes courage to take a stand. There is going to be opposition, but when is there not opposition? We appreciate you moving forward with this to make the city of Hobbs a city that is abortion free.”
The effort in Hobbs has received words of support from several legislators throughout New Mexico, including Senator David Gallegos (R-Eunice), New Mexico House Republican Leader Jim Townsend (R-Artesia), Representative Rod Montoya (R-Farmington), and Representative Rebecca Dow (R-Truth or Consequences).
Hobbs City Attorney Efren Cortez explained to the Hobbs City Commission how the city arrived at this place: by starting with the U.S. Congress adoption of 18 USC 1461 and 1462. Cortez argued that the proposed Abortion Clinic Ordinance “does not contradict state law” and “does not contradict federal law,” and that the City of Hobbs has the authority to regulate businesses within their city limits and the ability to require abortion clinic operators to “abide by federal law.”
After the city attorney’s presentation, Mayor Pro-Tem Joseph Calderon asked what the will of the commission was regarding this matter. Commissioner Dwayne Penick made a motion to move the ordinance forward for publication. The motion was seconded by Commissioner Christopher Mills, leading to a unanimous 7-0 vote by the Hobbs City Commission.
Following the vote, Right To Life Committee of Lea County member Lori Bova shared, “As a resident of Hobbs, I’ve been overwhelmed by the pro-life groundswell since the news of Whole Woman’s Health targeting our community came to light. We are not just pro-life, we believe in a God-given right to life that happens to be enshrined in our constitution. It is a right worth defending, especially for those who cannot defend themselves: the unborn.”
Potential future location of Whole Woman’s Health, Hobbs, NM (Photo: Mark Lee Dickson)
Whole Woman’s Health, which is closing its abortion facilities in Fort Worth, McKinney, Austin, and McAllen, has been looking to relocate to southeastern New Mexico. The abortion provider, working under the name Stirrups, LLC, has been in negotiations to purchase a building located at 111 West Clinton Street in Hobbs (see photo above), which located just four miles from the Texas border. While the initial deal was said to fall through, sources have revealed Whole Woman’s Health is still in negotiations to set up shop in the city of Hobbs.
Bova continued, “Tonight we celebrate a small milestone as the ordinance moves forward for publication. We cannot be on the wrong side of this issue. The generations to come are counting on us.”
Residents are planning on returning in the coming weeks to support their Mayor and City Commission when they cast their final vote adopting the ordinance defending life.
