Catholic activists are accusing Mexico’s Supreme Court of judicial activism when it comes to expanding access to abortion in the Latin American nation.

Over the past few months, the Supreme Court has handed down a series of major rulings aimed at ensuring broad access to abortion services for pregnant women in Mexico.

Pro-life advocates in Mexico say the country’s highest court has been gradually eroding legal protections for the unborn and conscience rights for medical professionals, slowly but surely leading to what they say is essentially unrestricted abortion access.

In April, the Court ruled that, in states where abortion has been decriminalized, health authorities may be required by courts to implement the services needed to guarantee access to voluntary abortion.

The Supreme Court also ruled that the Constitution of the State of Tamaulipas was unconstitutional for including a provision about protection to life “from conception until natural death.”

According to the Court, that wording equated “already born people” with “fertilization,” something that “alters the constitutional notion of person and unjustifiably restricts the rights of pregnant women and gestational people.”

In May, the Supreme Court imposed new limits on conscientious objection for medical personnel. Analyzing a case involving the State of Morelos, the Court ruled that conscientious objection may only be exercised individually and cannot be used to block access to healthcare services.

In practice, that means that if a physician refuses to take part in abortion-related procedures, a clinic or hospital must have other physicians available who agree to treat the patient. The Court ordered the State of Morelos to amend its legislation within 90 days to comply with the standards it established.

Many in the Church believe that Mexico’s Supreme Court is determined to legalize abortion nationwide, even if that is not what a significant share of the population – and its elected lawmakers – want.

“The abortion agenda began in 2021, boosted by NGOs that receive millions of dollars in funding to promote it,”  said Alejandra Yáñez, a lay Catholic and spokesperson for Red Pro Yucatán (Pro Yucatán Network), a pro-life coalition.

“That year,” Yáñez told Crux Now, “the Supreme Court, ruling on a case from the State of Coahuila, determined that it is unconstitutional to punish a woman who has an abortion,”

From that point on, more and more rulings expanded access to abortion in Mexico. Those decisions enabled women and advocacy groups to file constitutional challenges seeking the decriminalization of abortion in their states or to force authorities to implement abortion services.

“They gradually opened the door through judicial rulings in one Mexican state after another,” Yáñez added.

Today, 24 of Mexico’s 31 states have decriminalized voluntary abortion, leaving only seven states holding the line: Durango, Guanajuato, Morelos, Nuevo León, Querétaro, Sonora and Tamaulipas.

Yáñez told Crux Now those states have been under constant pressure from the Supreme Court.

“How can the Supreme Court tell state lawmakers how they should vote? That’s an undue interference in another branch of government,” she said.

Josefina Martínez Luna, one of the leaders of the 40 Days for Life campaign in Morelos, said lawmakers in her state are facing the threat of financial penalties if they fail to reform the local constitution.

“But they have remained firm,” Martínez told Crux Now. “Even Morena lawmakers don’t want to support the decriminalization,” she said, adding that the lawmakers’ reluctance to decriminalize abortion is one of the reasons for the Supreme Court’s recent decision curtailing medical professionals’ rights to conscientious objection.

“They are cornering us from every angle,” she said.

The 40 Days for Life campaign has maintained over the past few years a frequent prayer presence outside the state legislature building during crucial debates concerning abortion.

“It’s a prayerful presence. We’re not there to oppose any particular legislator. We’re pro-life and always emphasize that God is the author of life,” Martínez added.

They usually receive support from members of the local clergy, but lay Catholics could be more engaged.

“Those who participate in prayer groups or ecclesial organizations tend to be more aware of these issues. But we need everyone’s help,” she said.

Yáñez said the Mexican judiciary has been engaging in judicial activism to legalize abortion, making it necessary for pro-life groups to launch a coordinated professional response.

“Unfortunately, the Church has been too disorganized since the COVID-19 pandemic,” Yáñez said, “and not all Catholics have the same level of information regarding abortion.”

Father Alejandro Alvarez, a member of the National Life Pastoral Ministry team, said the Church will continue to oppose abortion despite the growing influence of the pro-abortion movement.

“Unfortunately, the pro-abortion agenda has continued to gain ground across the country. Those who advocate for it may not recognize the intrinsic value of every human life, having reduced the unborn child to a mere product,” he told Crux Now.

“Human life is a gift,” said Alvarez, “and ending it for any reason – even if it is considered ‘legal’ – remains a death to be mourned.”

“To women facing an unexpected pregnancy, we want to say: you are not alone. You can reach out to organizations that provide free support and assistance to both mothers and their unborn babies,” he said.