On Wednesday at around 1:38 a.m., the Town of Edgewood passed Ordinance 2023-002 by a vote of 4-1 to make it illegal for any person to violate the federal Comstock Act after a meeting called at 5:00 p.m. Tuesday.
After an extremely lengthy closed-door executive session that started at 5:51 p.m. Tuesday and ended shortly after 8:00 p.m. to talk about the pro-bono legal counsel provided by pro-life attorney Jonathan Mitchell regarding potential litigation regarding the ordinance, the Commission took public comment.
Pro-abortion state Rep. Andrea Romero (D-Santa Fe) opposed the ordinance, while pro-life Reps. Stefani Lord (R-Sandia Park) and Rep. John Block (R-Alamogordo), and Sen. David Gallegos (R-Eunice) stood in support of the ordinance.
A few leftists claimed the pro-abortion drugs that are maiming and killing women are safe, although scientific evidence analyzed from the FDA data proves they have been proven deadly. A majority of commenters were in support of the ordinance, which ultimately passed. The Commission then went back into executive session until around 12:15 a.m. Wednesday.
The ordinance proposed by Commissioner Sterling Donner of District Five and passed by the Commission reads, in part, “It shall be unlawful for any person to violate 18 U.S.C. § 1461 by using the mails for the mailing, carriage in the mails, or delivery of: 1. Any article or thing designed, adapted, or intended for producing abortion; or 2. 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.”
Commissioner Filandro R. Anaya of District Four repeated the canned pro-abortion talking point, asserting abortion “is between them and their doctors and only them and their doctors.”
Some commissioners asked to pass an amendment in Section Eight changing the ordinance so it would not take effect until or unless the U.S. Supreme Court rules on other Comstock Act cases. That amendment failed on a vote of 3-2.
“This is not an ordinance. This is a resolution,” said Commissioner Donner regarding the proposed amendment that would weaken the law to a mere statement. “This does nothing. This shows again that we are not acting courageous[ly]. It doesn’t keep anything out of this town. I disagree with this. I think this goes against everything we’ve been trying to get done…. And we wasted 15 hours of our time discussing this. I’m tired of being weak and bowing down to the state. What they’re doing is not right. We continue to bow down, we continue to give, and it’s never going to end.”
“This is a weak move,” he said, adding, “It’s just weakness” regarding the failed amendment.
Commissioner Jerry Powers of District Two claimed the consequences of passing the final ordinance were “serious,” and he criticized the enforcement mechanisms for the Town of Edgewood, saying it puts the town in “strict jeopardy” after his motion failed to push the ordinance on the ballot as a question.
“If we want to gain ground, join our allies in the state that are doing these things, this is what we have to do,” Donner concluded regarding passing the un-weakened ordinance before it went to a vote. “We need to fight for the rights of these unborn children who don’t even have a chance.”
After the discussion, Donner’s motion to pass the final ordinance succeeded, with all but one commissioner opposing it. Anaya was the only dissenting vote, citing the town’s home rule provisions as cover.