State Constitutional Protection
The New Mexico Constitution protects the right to choose to a greater extent than the U.S. Constitution. The New Mexico Supreme Court held that a regulation limiting state medical assistance for abortion to cases of life endangerment, rape, or incest was unconstitutional under the Equal Rights Amendment of the New Mexico Constitution because it prohibited reimbursement for medically necessary abortion services while providing reimbursement for all medically necessary health services unique to men. New Mexico Right to Choose/NARAL v. Johnson, 975 P.2d 841 (N.M. 1998), cert. denied, 526 U.S. 1020 (1999). A similar restriction has been upheld by the U.S. Supreme Court under the U.S. Constitution. Williams v. Zbaraz, 448 U.S. 358 (1980).