Colorado Abortion Laws: Understanding The Current Landscape

Abortion in Colorado has been a topic of political and social debate for decades. The state has a history of proposed and enacted laws surrounding abortion, with the first documented mention of abortion in Colorado in the Rocky Mountain News in 1867. Colorado's abortion laws have evolved over time, with the state playing a significant role in shaping abortion rights and access. In 2022, Colorado enacted statutory protection for abortion as a fundamental right, and in 2023, the state passed a comprehensive shield law. With the US Supreme Court overturning Roe v. Wade in 2022, the focus on state-level abortion laws has intensified, and Colorado's abortion laws continue to be a subject of discussion and potential change.

Abortion in Colorado is legal at all stages of pregnancy

Colorado's history of abortion law is a long and complex one. In 1867, the first documented mention of "abortion" in the state appeared in the Rocky Mountain News. At that time, midwives used herbs to try to end pregnancies, but this was dangerous and could result in prison sentences. In 1873, Dr. Mary Solander from Boulder became the first person in Colorado to be sentenced to prison for abortion. In 1891, the state adopted Senate Bill 310, further criminalizing the procurement of abortions.

Despite these early restrictions, Colorado played a pioneering role in abortion law reform. In 1962, the American Law Institute published a model penal code, outlining three circumstances in which they believed a physician could justifiably perform an abortion. Colorado became the first state to enact this into law in 1967, decriminalizing abortion in cases of rape, incest, or where pregnancy would lead to permanent physical disability for the woman.

In 2006, pharmacists in Colorado were permitted to provide emergency contraception. In 2019, women in the state became eligible for temporary disability as a result of abortion or miscarriage. On April 4, 2022, Governor Jared Polis signed the Reproductive Health Equity Act, guaranteeing access to reproductive care and affirming the rights of pregnant women to continue or terminate a pregnancy.

In November 2020, voters in Colorado rejected Proposition 115, which would have prohibited abortion after 22 weeks, except in limited circumstances. However, in 2024, voters will decide on Initiative 89, which proposes to amend the state constitution to recognize abortion as a constitutional right and end the existing ban on government insurance plans covering abortion services.

Colorado is one of seven US states without term restrictions on abortions

Abortion laws in the United States have been rapidly changing since the Supreme Court's 2022 ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and eliminated the federal constitutional right to abortion. As a result, many states have created new abortion restrictions and bans, while others have started enforcing existing ones.

The lack of term restrictions in Colorado means that outpatient abortion is available at all stages of pregnancy. Additionally, medically indicated termination of pregnancy up to term is also an option for various conditions, such as fetal anomalies, genetic disorders, fetal demise, or severe medical problems. The state's support for abortion rights is reflected in a 2014 Pew Research Center poll, where 59% of Colorado adults said that abortion should be legal in all or most cases.

Colorado's stance on abortion stands in contrast to many other states that have imposed restrictions or bans. For example, states like Florida, Georgia, Iowa, and South Carolina ban abortion after six weeks, often before women realize they are pregnant. Other states have implemented requirements for medication abortions, such as mandatory in-person counseling appointments, ultrasounds, and multiple visits to a provider.

The varying laws across the US have created an uneven landscape, making it challenging for individuals to navigate the legality of abortion, especially when considering medication abortions, which now account for nearly two-thirds of all abortions in the country.

Colorado's Democratic Party supports abortion access, while the Republican Party has anti-abortion stances

Colorado is one of seven US states without any term restrictions on abortion. Abortion is legal at all stages of pregnancy, and the state's Democratic Party largely supports access to abortion.

Colorado Democrats have a history of advocating for abortion rights. In 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 also prohibits public entities from restricting or denying those rights. This legislation was passed in anticipation of the US Supreme Court's decision to overturn Roe v. Wade, which guaranteed the right to abortion nationally.

Colorado Democrats, such as Senator Michael Bennet, have also sponsored and supported federal legislation aimed at protecting reproductive rights. Bennet co-sponsored the Freedom to Travel for Health Care Act, which clarifies that it is illegal for states that have restricted or banned abortion to prevent their citizens from traveling for reproductive healthcare. Bennet has also called on the Biden administration to take "bold action" to protect abortion rights.

In contrast, the Colorado Republican Party has embraced hardline anti-abortion stances. Since 1997, Colorado Republicans have introduced numerous bills to ban or severely restrict abortion in almost all cases, although none of these bills have passed. The party has also supported ballot initiatives to amend the state's constitution to define a person as "any human being from the moment of fertilization," which would grant a fetus the same rights as a born person. These initiatives have been rejected by Colorado voters.

While there is some variation among individual Republican candidates, the party's leadership and prominent figures generally maintain anti-abortion positions. For example, Colorado Republican Party chair Kristi Burton Brown has publicly stated her opposition to abortion, tweeting, "The majority of Americans support protecting the lives of children at 15 weeks. They are unique human beings who feel pain and deserve to have a chance at life."

The divide between the two parties on this issue is clear, with Colorado Democrats prioritizing the protection and expansion of abortion rights, while Colorado Republicans seek to restrict or ban abortion access.

Colorado voters rejected a 2020 ballot initiative to ban abortions after 22 weeks

On November 3, 2020, Colorado voters rejected Proposition 115, a ballot initiative that would have banned abortions after 22 weeks of gestation. The proposition failed, with 59.4% of voters against the measure. Proposition 115 would have made exceptions in cases where the life of the mother is endangered, but not in cases of rape, incest, or a fatal fetal diagnosis. Doctors attempting to perform an abortion after the cut-off date would have faced misdemeanor charges and at least a three-year suspension of their license.

Colorado is one of seven states that does not restrict abortion at any point during a pregnancy. It was the first state to decriminalize abortion in 1967, six years before Roe v. Wade. Colorado voters have rejected several abortion ballot measures since 2008, including three measures that would have defined a fetus as a person.

The campaign supporting Proposition 115 argued that a fetus could survive outside the womb at the 22-week mark and that the ban would place a "reasonable restriction" on abortion. They also pointed to the 24 other states that restrict some abortions at a specific gestational age. Opponents of the measure, including groups such as the American College of Obstetricians & Gynecologists and the Colorado Medical Society, argued that it would interfere with the doctor-patient relationship and complicate difficult medical decisions.

The defeat of Proposition 115 came at a time when more abortion restrictions and bans had been passed in the U.S. since 2010 than in any other period since Roe v. Wade. Despite declining abortion rates across the country, bans continued to be passed. In Colorado, abortions fell by 10% between 2014 and 2017, attributed to better access to birth control.

Colorado's Reproductive Health Equity Act guarantees access to reproductive care and abortion

Colorado's Reproductive Health Equity Act (RHEA) is a law that guarantees access to reproductive care and abortion. The Act declares that every individual has a fundamental right to make their own reproductive health-care decisions free from government interference. This includes the right to use or refuse contraception and the right to continue a pregnancy, give birth, or have an abortion. The Act also prohibits state and local public entities from denying, restricting, or interfering with these rights.

RHEA became law in Colorado in April 2022, signed by Governor Jared Polis. It modernizes Colorado statute by establishing reproductive rights as fundamental rights. The Act ensures that no matter the outcome of Roe v. Wade, Coloradans' fundamental rights to reproductive healthcare are protected. This is especially important given the US Supreme Court's decision to overturn Roe v. Wade in Dobbs v. Jackson Women's Health Organization later in 2022.

Colorado is one of seven states without any term restrictions on when a pregnancy can be terminated. Abortion is legal at all stages of pregnancy in Colorado, and outpatient abortion is available throughout. Additionally, medically indicated termination of pregnancy up to term is also an option for conditions such as fetal anomalies, genetic disorders, fetal demise, and/or severe medical problems.

The passage of RHEA is a significant step forward in protecting the reproductive rights of Coloradans. It ensures that individuals have the right to make their own decisions regarding their reproductive health and that the government cannot interfere in these personal choices. By prohibiting public entities from restricting or denying these rights, RHEA helps to safeguard access to reproductive care and abortion in Colorado.

The Act also addresses the issue of personhood, stating that a fertilized egg, embryo, or fetus does not have independent or derivative rights under state law. This aspect of the law reinforces the priority of the pregnant person's rights and ensures that their decisions regarding their pregnancy are respected. Overall, RHEA is a crucial piece of legislation that protects the reproductive freedom and autonomy of individuals in Colorado.

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