History
Legislative history
In 1962, the American Law Institute published their model penal code, as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion: "If ... there is substantial risk that the continuance of the pregnancy would gravely impair the physical or mental health of the mother, or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse." In 1967, Colorado became the first state to apply this into law. [6] In the late 1960s, Arkansas, California, Colorado, Georgia, Maryland, New Mexico, North Carolina, and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed. [7] In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman. [8] [9] In 1978, the state of Colorado had set aside Medicaid funding to provide poor women abortions if they needed one. [6] The parents of Becky Bell worked against proposed parental notification laws in Colorado in 1998. [10]
The Colorado Amendment 48 initiative was proposed in 2008 jointly by Kristine Burton and Michael Burton [11] of Colorado for Equal Rights. [12] Colorado Right to Life supported the amendment. [13] There was bipartisan opposition. [14] The text would have said, "Section 31. Person defined. AS USED IN SECTIONS 3, 6, AND 25 OF ARTICLE II OF THE STATE CONSTITUTION, THE TERMS "PERSON" OR "PERSONS" SHALL INCLUDE ANY HUMAN BEING FROM THE MOMENT OF FERTILIZATION." [15] This definition would have applied to all sections of Colorado law, thus giving a fetus the equal rights of life, liberty, and property as a fully developed, born person would. [16]
In 2013, the state was one of five where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass. [17] This was repeated in 2014, where Colorado was one of three where the legislature unsuccessful tried to ban abortion. They repeated this in 2015, where the state was one of five. [17] Again, this happened in 2016 where Colorado was one of four where the legislature introduced a bill that would have banned abortion in almost all cases. [17] In 2017, the state was one of six trying to unsuccessfully banning abortion. [17] The next year, Colorado was one of eleven where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass. [17] In 2019, women in Colorado were eligible for temporary disability as a result of abortion or miscarriage. [18] [19]
During the 2022 legislative session, Colorado Republicans proposed several bills that aimed to restrict or even criminalize abortion in the state. The bills were ultimately blocked by Democrats, who hold a majority in the state legislature. [4]
On April 4, 2022, Governor Jared Polis signed the Reproductive Health Equity Act, which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy. The act prohibits public entities from restricting or denying those rights. [20] [21]
Judicial history
The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [7] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [22] [23]
Ballot box history
Colorado Amendment 48 was an initiative in 2008 to amend the definition of a person to "any human being from the moment of fertilization." On November 4, 2008, the initiative was turned down by 73.2 percent of the voters. [24] Colorado Proposition 115 was a 2020 ballot initiative preventing abortion after 22 weeks unless the pregnancy endangered the mother's life. Performing an abortion after 22 weeks would have become a Class 1 misdemeanor. On November 3, 2020, Colorado voters rejected Proposition 115, with 59% of voters opposed to the initiative. [25]
| Choice | Votes | % |
|---|---|---|
 No | 1,691,165 | 73.21 |
| Yes | 618,761 | 26.79 |
| Total votes | 2,309,926 | 100.00 |
| Choice | Votes | % |
|---|---|---|
| No | 1,859,479 | 58.99 |
| Yes | 1,292,787 | 41.01 |
| Total votes | 3,152,266 | 100.00 |
On April 18, 2024, Coloradans For Protecting Reproductive Freedom submitted nearly double the signatures required to put abortion rights on the ballot in Colorado in the November 2024 elections. Initiative 89 would enshrine the right to abortion in the Colorado state constitution. [28]
Clinic history
Between 1982 and 1992, the number of abortion clinics in the state decreased by fourteen, going from 73 in 1982 to 59 in 1992. [29] In 2014, there were 21 abortion clinics in the state. [30] In 2014, 78% of the counties in the state did not have an abortion clinic. That year, 27% of women in the state aged 15 – 44 lived in a county without an abortion clinic. [31]
In March 2016, there were 21 Planned Parenthood clinics in the state. [32] After Planned Parenthood of the Rocky Mountains switched from directly billing women to directly billing Medicaid in 2016, they ran into funding bills as Medicaid has low reimbursement rates. Consequently, they were forced to close two clinics in Colorado and one in Wyoming in July 2017. [33] In 2017, there were nineteen Planned Parenthood clinics, of which eleven offered abortion services, in a state with a population of 1,278,937 women aged 15–49. [33]
