Ethel Maharg Director of New Mexico Right to Life comments below on oilman Larry Marker’s lawsuit against Governor Lujan Grisham and AG Balderas regarding New Mexico’s abortion law. Here is the story that was in the Santa Fe New Mexican Litigious oilman stakes a claim on abortion law
From Ethel Maharg:
We Win
June 24, 2022, marks the historic overturning of Roe vs. Wade in our nation, but what did that mean to New Mexico. Quite frankly, nothing. We were already the “late term abortion capital of the world.
On this day I received a call from Larry Marker, and we spoke about SB10, the bill that overturned the 1969 criminal law of abortion that stated that if a woman was to have an abortion, it would be in a hospital with doctors, and it would be for the life of the mother, and victims of incest or rape period. In last year’s session the legislators did away with this abortion law, but in their haste and arrogance did not replace it with anything else to “protect” abortion.
Larry said he wanted to enter a motion for declaratory judgement and take this case before a judge who would answer the question, is there a law that protects abortion in New Mexico or not? Simple question. Larry asked me if I would be a plaintiff in this case. It would be Larry, Senator Gallegos, and me. Absolutely I would. The lawsuit is filed against MLG and the Attorney General Hector Balderas.
On Monday November 21, 2022, we got to have our day in court. MLG’s and the AG’s attorneys were both trying to get the judge to dismiss the case and us as well, and by the grace of God he didn’t. He heard us out. There is so much to say about this, but the greatest victory in this is that the judge did not bend to the whims of the attorneys.
Let me tell you about Larry. This man loves God and hates abortion and has filed numerous lawsuits to try to end it legally. (Larry is not an attorney) Last year he filed for a referendum that would’ve allowed the people of this state determine the fate of abortion. Maggie Toulouse Oliver stood in his way and so he took this to court and to date it is still tied up there. As you see by the very derogatory article in the New Mexico Sun written about him, that measure would have required 225,000 signatures. We could have acquired them as he filed it in plenty of time, but the SOS obstructed him. He did this well over a year ago and it could’ve been a ballot measure for this past election. I repeat the SOS and the courts obstructed this measure.
What I appreciate about Larry is that he refuses to quit, no matter what people say about him. Holly (MLG’s attorney) said in court on the 21st that he is a “vexatious litigator” In other words he is a pain in their side. While I don’t advocate going to court for just anything, this one is worth being a pain over. As I’ve prayed and thought about this, the Lord reminded me about the persistent widow and the unjust judge. Luke 18:1-8 tells us that this widow went before what the Bible calls an “unjust judge” who neither feared God nor respected men, but this little widow woman would not go away. She demanded justice and persisted in her pleas before him, and the text says4 “For some time he refused. But finally, he said to himself, ‘Even though I don’t fear God or care what people think, 5 yet because this widow keeps bothering me, I will see that she gets justice, so that she won’t eventually come and attack me!’” To Larry I say, you just keep being a “vexatious litigator” or whatever it takes to win this fight.
The article in the Sun, only mentioned Senator Gallegos and made certain to say that I had run for Governor on an “anti-abortion” platform and finished last. I finished but am not finished!
At this point I’m going to digress and say that the Judge Jared Kallunki was in my estimation, fair. He heard us while no others would. He could have recused himself like so many before him did. I would say he has courage. Please pray for him.
Did we have a ruling in our favor? Not yet. Judge Kallunki set another hearing for January 3rd, 2023. Again, please be in prayer about this.
I thank God for men like Larry Marker who dares to do what others won’t. Also, for Senator David Gallegos who along with this measure was instrumental in passing the abortion ban in Hobbs. Thank God for men who will stand for righteousness and take the position of the persistent widow. We will not go away until we see justice!
God Bless, Ethel Maharg