Although the issues in the gubernatorial race mainly have centered on the economy, corruption, education, the environment and crime, there are a number of social issues that set Diane Denish and Susana Martinez apart.
These are issues such as abortion, gay rights and medical marijuana. Few would argue that these are anywhere near as important as problems like unemployment or failing schools. And yet, these are the issues that generate heat and inflame the passions.
In general, like the parties they represent, Republican Martinez, who is the district attorney of Doña Ana County, tends to fall on the socially conservative side, while Denish, the Democratic candidate, is more on the progressive side. In the three areas looked at here, the two find little, if any agreement.
Abortion
Neither gubernatorial candidate has spent much time discussing abortion. But both are supported by organizations on opposite sides of the issue.
Denish has received $90,000 from Emily's List, a national organization, which, according to its website, "is committed to electing more pro-choice Democratic women to office to build a more progressive America."
Meanwhile, Martinez has been endorsed by The Right to Life Committee of New Mexico. This group does not directly contribute to political campaigns, executive director Dauneen Dolce said Friday. However, the group will send out mailers in support of Martinez and other candidates they support. Dolce said she doesn't know yet how much the committee will spend on the mailers.
Few issues are more divisive in American politics, even though on a state level there's not much that can be done either way on the matter of abortion.
Still, the issue seems to manifest every two years in the Legislature in the form of the "parental-notification" bill. Basically, this legislation does not in itself outlaw any abortions. It simply requires that doctors notify the parents of a pregnant minor before she is allowed to have an abortion.
School nurses have to notify parents before they give a student an aspirin, proponents of parental notification say. Why shouldn't they be notified before a procedure as serious as abortion?
Opponents usually object that this is unfair to girls who come from abusive homes. Supporters of parental notification argue that the bill has a legal mechanism to allow the girl to seek intervention from a judge, who can rule that the parents can't be notified. Opponents say it's unlikely a scared, pregnant teenager would be able to navigate through the legal system.
Denish is opposed to parental notifications for abortions.
"Diane believes every girl should be able to turn to her parents when she needs support," campaign spokesman Chris Cervini said in an e-mail last week. "But some are in unsafe situations, and they need to be able to exercise their rights in private without fear of abuse or retaliation."
Martinez's campaign did not respond to a request to discuss her position on parental notification. Her website has only one mention of abortion, and that's to say she was endorsed by The Right to Life Committee of New Mexico "as a candidate who will stand up for pro-life principles."
Dolce confirmed the endorsement. She declined to release a candidate questionnaire Martinez completed, but said Martinez indicated she opposes abortion "except in cases of rape or incest." She said Martinez's questionnaire said she supports the parental-notification law.
Medical marijuana
For years, drug-reform advocates worked to convince the state Legislature to establish a program to legally provide marijuana to patients with serious diseases. Proponents of the program say it's only compassionate, providing relief to people who are seriously suffering. Opponents say it's an idea ripe for abuse. In 2007, with the help of Gov. Bill Richardson and support from lawmakers from both political parties, the Legislature passed a medical marijuana bill.
Today, the state Health Department's Infectious Disease Bureau administers a program with 2,250 active patients — 1,022 of whom are licensed to grow their own supply of marijuana. There are 11 licensed growers, including six who were approved just last July. The department wants to increase the application fee for producers from $100 to $1,000 and to establish a new annual fee on the licensed nonprofits that grow medical marijuana.
Denish and Martinez have opposite views on medical marijuana.
Cervini said in a recent e-mail that Denish "supports medical marijuana and the Lynn and Erin Compassionate Use Act." That was the name of the bill that passed the Legislature. "There is a strong body of clinical evidence to suggest it is effective in relieving the pain and suffering of patients with cancer or other terminal and chronic illnesses."
But Martinez, who is being supported by several law-enforcement organizations — some of which have opposed medical marijuana — said she'd seek to repeal the law.
"It is against federal law to distribute marijuana, and there are alternative medications that meet the medical needs of patients," Martinez said in a
New Mexican candidate questionnaire before the June primary. She has made similar statements in other publications since then.
Getting the Legislature to repeal such a program would be difficult. The Medical Cannabis Program, as it's officially known, has been criticized by some for not disclosing the names of doctors who certify medical marijuana patients. (Under the law, any doctor can recommend a patient for the program.) But the program has steered clear of the kind of major controversy that would goad legislators into taking drastic action.
However, a governor has the power to weaken a program in administrative ways, such as cutting its budget or establishing administrative regulations that would make it for difficult for patients or providers to participate.
Domestic partnerships
Here's an issue that's almost certainly to be debated in the next Legislature. And it's another issue in which the gubernatorial candidates have clear-cut opposing views.
In the past, the state House of Representatives has passed bills that would establish a legal right for unmarried couples to enter into domestic partnerships. However, the more conservative Senate traditionally kills such legislation. A few years ago, domestic partnerships lost a Senate floor vote by one vote. But since that time, New Mexico's Roman Catholic bishops have weighed in against the idea, saying the measure would be a step toward gay marriage.
So while the concept of gay marriage is actually gaining acceptance nationwide, domestic-partnership rights for same-sex couples has actually lost support in the Legislature — several Hispanic Catholics who previously had supported domestic partnerships have jumped ship.
Denish has been vocal in her support of domestic partnerships. "Diane fought to eliminate discrimination of any kind throughout her career and supports the Domestic Partnership bill," Cervini said in a recent e-mail.
"But this is not just about eliminating discrimination and doing what's right, it's also about economics," he said. "Domestic partnerships allow adults in committed relationships to plan inheritances, make health-care decisions and build wealth together. During these difficult times, we should be encouraging families to build and accrue wealth. As governor, she would work to convince reluctant legislators to approach the issue from the economic and family stability arguments. Even many high-profile Republicans and conservatives are starting to come around on this issue."
The "high-profile Republicans" he was referring to include former Republican National Committee Chairman Ken Mehlman, who recently "came out" as being gay, former Vice President Dick Cheney, former First Lady Laura Bush and former Bush administration Solicitor General Ted Olson, who is one of the lead attorneys in the battle to overturn a state constitutional ban on same-sex marriage in California. The Santa Fe County Republican Party tried unsuccessfully to get a pro-civil unions plank in the state party's platform earlier this year.
Martinez, in her
New Mexican primary questionnaire, simply answered "no" when asked whether she'd sign a domestic-partnership bill if it passed the Legislature. Her campaign did not respond to a request to elaborate on her opposition. But she recently told
The New Mexico Independent, "I don't think it is necessary. It is not a law I would sign."
Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.