2024 Colorado Amendment 79

Last updated

Amendment 79
Flag of Colorado.svg
November 5, 2024
Constitutional Right to Abortion [1] [2]
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes1,921,59361.97%
Light brown x.svgNo1,179,26138.03%
Total votes3,100,854100.00%

2024 Colorado Amendment 79 results map by county.svg
2024 Colorado Amendment 79 by congressional district.svg
CO Amendment 79 2024.svg

2024 Colorado Amendment 79 was a constitutional amendment that appeared on the November 5, 2024 ballot. The amendment established a right to abortion in the Constitution of Colorado and repealed a constitutional ban on public funding for abortions. The amendment passed, surpassing the 55% supermajority vote required for the amendment to be approved. [3]

Contents

Text

In the Colorado Constitution, Article II is amended by the addition of a new section 32 as follows: [4]

The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.

Background

Colorado's abortion laws

In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens. [5] Colorado's first ban on abortion was passed in 1861. [6] It read:

“[E]very person who shall administer substance or liquid, or who shall use or cause to be used any instrument, of whatsoever kind, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, and fined in a sum not exceeding one thousand dollars; and if any woman, by reason of such treatment, shall die, the person or persons administering, or causing to be administered, such poison, substance or liquid, or using or causing to be used, any instrument, as aforesaid, shall be deemed guilty of manslaughter, and if convicted, be punished accordingly.”

In 1967, Colorado decriminalized abortions in cases of rape, incest, or in which a pregnant woman would be permanently disabled as a result. [7] Despite adopting what was considered a more progressive law, elective abortions were still illegal under state law.

1984 Colorado Amendment 3

In 1984, Colorado voters narrowly approved Amendment 3. [8] The amendment effectively banned the usage of public funding for abortions except in certain circumstances. The amendment, which is still a part of the Constitution of Colorado, reads:

"No public funds shall be used by the State of Colorado, its agencies or political subdivisions, to pay, or otherwise reimburse, either directly or indirectly, any person, agency, or facility for the performance of any induced abortion, PROVIDED HOWEVER, that the General Assembly, by specific bill, may authorize, and appropriate, funds to be used for those medical services necessary to prevent the death of either a pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each." [9]

Ballot measure submission

In 2023, Coloradans for Protecting Reproductive Freedom, the group sponsoring the initiative, filed the amendment with Jena Griswold, the Colorado Secretary of State. The measure was approved for circulation on November 14, 2023. [1] On April 18, 2024, the group submitted some 225,000 signatures, well over the 124,238 needed to gain ballot access. [10] [1] Griswold certified the signatures on May 17, 2024. [1]

Endorsements

Yes

U.S. Senators

Statewide officials

  • Phil Weiser, 39th Attorney General of Colorado (2019-present) (Democrat) [11]
  • Dave Young, 57th Treasurer of Colorado (2019-present) (Democrat) [11]

U.S. Representatives

State Senators

  • 19 Democratic state senators [11]

State Representatives

  • 31 Democratic state representatives [11]

Labor unions

Organizations

No

State Representatives

  • Brandi Bradley, state representative from the 39th district (2023–present) (Republican) [14]

Organizations

Results

Amendment 79 [2]
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes1,921,59361.97
No1,179,26138.03
Total votes3,100,854100.00

By county

CountyForAgainstMarginTotal votes cast
# %# %# %
Adams 137,79462.01%84,40537.99%53,38924.03%222,199
Alamosa 3,61550.99%3,47549.01%1401.97%7,090
Arapahoe 206,61165.36%109,49034.64%97,12130.72%316,101
Archuleta 4,62551.59%4,34048.41%2853.18%8,965
Baca 47224.62%1,44575.38%-973-50.76%1,917
Bent 88341.77%1,23158.23%-348-16.46%2,114
Boulder 153,53880.43%37,36119.57%116,17760.86%190,899
Broomfield 31,54768.98%14,18531.02%17,36237.96%45,732
Chaffee 8,86462.83%5,24437.17%3,62025.66%14,108
Cheyenne 21721.11%81178.89%-594-57.78%1,028
Clear Creek 3,96367.04%1,94832.96%2,01534.09%5,911
Conejos 1,52638.26%2,46261.74%-936-23.47%3,988
Costilla 1,09756.11%85843.89%23912.23%1,955
Crowley 61336.95%1,04663.05%-433-26.10%1,659
Custer 1,52840.38%2,25659.62%-728-19.24%3,784
Delta 8,12442.76%10,87757.24%-2,753-14.49%19,001
Denver 283,10580.80%67,28619.20%215,81961.59%350,391
Dolores 50537.16%85462.84%-349-25.68%1,359
Douglas 129,39054.49%108,06345.51%21,3278.98%237,453
Eagle 19,28471.67%7,62328.33%11,66143.34%26,907
El Paso 193,83951.98%179,08048.02%14,7593.96%372,919
Elbert 7,34636.87%12,58063.13%-5,234-26.27%19,926
Fremont 10,90743.67%14,06756.33%-3,160-12.65%24,974
Garfield 17,94860.73%11,60539.27%6,34321.46%29,553
Gilpin 2,65665.79%1,38134.21%1,27531.58%4,037
Grand 5,80559.86%3,89340.14%1,91219.72%9,698
Gunnison 7,66871.91%2,99628.09%4,67243.81%10,664
Hinsdale 32254.67%26745.33%559.34%589
Huerfano 2,32754.08%1,97645.92%3518.16%4,303
Jackson 33041.10%47358.90%-143-17.81%803
Jefferson 232,10165.38%122,90034.62%109,20130.76%355,001
Kiowa 23828.85%58771.15%-349-42.30%825
Kit Carson 98027.54%2,57972.46%-1,599-44.93%3,559
La Plata 23,31467.21%11,37332.79%11,94134.43%34,687
Lake 2,55567.40%1,23632.60%1,31934.79%3,791
Larimer 140,28464.09%78,59335.91%61,69128.19%218,877
Las Animas 3,82851.10%3,66348.90%1652.20%7,491
Lincoln 84733.68%1,66866.32%-821-32.64%2,515
Logan 3,44834.96%6,41665.04%-2,968-30.09%9,864
Mesa 43,08448.21%46,27951.79%-3,195-3.58%89,363
Mineral 38953.80%33446.20%557.61%723
Moffat 2,46438.53%3,93161.47%-1,467-22.94%6,395
Montezuma 7,11948.83%7,46051.17%-341-2.34%14,579
Montrose 10,81543.18%14,23156.82%-3,416-13.64%25,046
Morgan 5,01838.48%8,02461.52%-3,006-23.05%13,042
Otero 3,82943.92%4,89056.08%-1,061-12.17%8,719
Ouray 2,64265.87%1,36934.13%1,27331.74%4,011
Park 6,23852.65%5,61047.35%6285.30%11,848
Phillips 64128.65%1,59671.35%-955-42.69%2,237
Pitkin 8,79782.01%1,93017.99%6,86764.02%10,727
Prowers 1,75835.32%3,22064.68%-1,462-29.37%4,978
Pueblo 44,16253.50%38,38146.50%5,7817.00%82,543
Rio Blanco 1,13631.87%2,42968.13%-1,293-36.27%3,565
Rio Grande 2,65243.83%3,39956.17%-747-12.35%6,051
Routt 11,62372.72%4,36027.28%7,26345.44%15,983
Saguache 1,91159.18%1,31840.82%59318.36%3,229
San Juan 39573.69%14126.31%25447.39%536
San Miguel 3,77181.08%88018.92%2,89162.16%4,651
Sedgwick 46536.05%82563.95%-360-27.91%1,290
Summit 12,81675.52%4,15424.48%8,66251.04%16,970
Teller 6,69641.81%9,31958.19%-2,623-16.38%16,015
Washington 67724.84%2,04875.16%-1,371-50.31%2,725
Weld 87,15349.96%87,30250.04%-149-0.09%174,455
Yuma 1,29828.62%3,23871.38%-1,940-42.77%4,536
Total1,921,59361.97%1,179,26138.03%742,33223.94%3,100,854

By congressional district

"Yes" won all eight congressional districts, including four that elected Republicans. [18]

DistrictYesNoRepresentative
1st 81%19% Diana DeGette
2nd 74%26% Joe Neguse
3rd 54%46% Lauren Boebert (118th Congress)
Jeff Hurd (119th Congress)
4th 50.02%49.98% Greg Lopez (118th Congress)
Lauren Boebert (119th Congress)
5th 52%48% Doug Lamborn (118th Congress)
Jeff Crank (119th Congress)
6th 65%35% Jason Crow
7th 64%36% Brittany Pettersen
8th 58%42% Yadira Caraveo (118th Congress)
Gabe Evans (119th Congress)

See also

Notes

      References

        1. 1 2 3 4 "Right to Abortion" . Retrieved June 6, 2024.
        2. 1 2 "Results". Colorado Secretary of State . Retrieved December 3, 2024.
        3. "Colorado Right to Abortion and Health Insurance Coverage Initiative (2024)". Ballotpedia. Retrieved June 5, 2024.
        4. "Right to Abortion" (PDF). Colorado Secretary of State. Retrieved June 5, 2024.
        5. Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
        6. Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
        7. "Medicine: Abortion on Request". Time . March 9, 1970. Archived from the original on December 1, 2010. Retrieved October 15, 2012.(subscription required)
        8. "Colorado Amendment 3, Prohibit Public Funds for Abortions Initiative (1984)". Ballotpedia. Retrieved June 7, 2024.
        9. "Colorado Constitution & Statutes" . Retrieved June 7, 2024.
        10. "Colorado group says it has enough signatures for abortion rights ballot measure this fall". CBS News. April 12, 2024. Retrieved June 6, 2024.
        11. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 "Our Coalition". Coloradans for Protecting Reproductive Freedom. Retrieved June 6, 2024.
        12. "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
        13. @NCJW (June 10, 2024). "We admire the Colorado abortion advocates who, even though Colorado law already protects legal access to abortion, were proactive & worked to make the right permanent with a constitutional ballot initiative" (Tweet) via Twitter.
        14. Beedle, Heidi (April 15, 2024). "Inaugural March for Life Attacks Colorado Abortion Policy and Prop 89". coloradotimesrecorder.com. Colorado Times Recorder. Retrieved June 13, 2024.
        15. @cocatholicconf (January 18, 2024). "@SenadoraJulie announced Nov. ballot prop to "enshrine abortion" -- "Right to Abortion" initiative will make abortion a "fundamental constitutional right" & allow TAX DOLLARS TO FUND ABORTION by removing the 1984 prohibition on public funding for abortion. #coleg #MarchForLife" (Tweet) via Twitter.
        16. "2024 COLORADO BALLOT QUESTIONS". Colorado Republican Party . Retrieved October 17, 2024.
        17. "MARCH FOR LIFE, PARTNERED WITH PRO LIFE COLORADO ANNOUNCES SPEAKERS FOR THE 2024 COLORADO MARCH FOR LIFE". March 25, 2024. Retrieved June 7, 2024.
        18. https://x.com/DrewSav/status/1901428263760560459