Abortion in Colorado explained

Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.[1]

Outpatient abortion is available up to 26 weeks. In addition, medically indicated termination of pregnancy up to 34 weeks is also an option for conditions such as fetal anomalies, genetic disorder, fetal demise and/or severe medical problems.[2]

59% of adults said in a 2014 Pew Research Center poll that abortion should be legal in all or most cases and 36% said it should be illegal in all or most cases.[3] 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. A version of this was enacted into law 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.

In state politics, the Colorado Democratic Party largely support access to abortion while the Colorado Republican Party have embraced hardline anti-abortion stances which have included proposing laws to restrict or even ban abortion in the state.[4] [5]

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. 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. 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.[6] [7] In 1978, the state of Colorado had set aside Medicaid funding to provide poor women abortions if they needed one. The parents of Becky Bell worked against proposed parental notification laws in Colorado in 1998.[8]

The Colorado Amendment 48 initiative was proposed in 2008 jointly by Kristine Burton and Michael Burton[9] of Colorado for Equal Rights.[10] Colorado Right to Life supported the amendment.[11] There was bipartisan opposition.[12] 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."[13] 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.[14]

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.[15] 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. 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. In 2017, the state was one of six trying to unsuccessfully banning abortion. 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. In 2019, women in Colorado were eligible for temporary disability as a result of abortion or miscarriage.[16] [17]

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.

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.[18] [19]

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.[20] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, later in 2022.[21] [22]

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.[23]

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.[24]

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.[25]

Clinic history

See also: Abortion clinic. Between 1982 and 1992, the number of abortion clinics in the state decreased by fourteen, going from 73 in 1982 to 59 in 1992.[26] In 2014, there were 21 abortion clinics in the state.[27] 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.[28]

In March 2016, there were 21 Planned Parenthood clinics in the state.[29] 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. 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.[30]

Statistics

In 1990, 426,000 women in the state faced the risk of an unintended pregnancy.[26] Since the start of the 2008 Colorado Family Planning Initiative, the number of abortions performed in the state fell by nearly half for women between the ages of 15–19. For women aged 20–24, the rate of abortions declined by 18%. For teens aged 15–19, the birth and abortion rate in Colorado between 2009 and 2014 declined around 50%. For women aged 20–24, the abortion rate declined by 20%. In 2010, the state had no publicly funded abortions.[31] In 2013, there were 700 abortions for white women aged 15–19, 110 abortions for black women aged 15–19, 470 abortions for Hispanic women aged 15–19, and 90 abortions for women of all other races.[32]

In 2014, 59% of adults said in a poll by the Pew Research Center that abortion should be legal and 36% saying it should be illegal in all or most cases.[33] In 2017, the state had an infant mortality rate of 4.5 deaths per 1,000 live births.[34] From 2009 to 2017, the rate of teenage abortions in the state fell by 64%.[35]

Census division and state
Number Rate % change 1992–1996
199219951996199219951996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
Mountain 69,600 63,390 67,020 21 17.9 18.6 –12
Arizona 20,600 18,120 19,310 24.1 19.1 19.8 –18
Colorado 19,880 15,690 18,310 23.6 18 20.9 –12
Idaho 1,710 1,500 1,600 7.2 5.8 6.1 –15
Montana 3,300 3,010 2,900 18.2 16.2 15.6 –14
Nevada 13,300 15,600 15,450 44.2 46.7 44.6 1
New Mexico 6,410 5,450 5,470 17.7 14.4 14.4 –19
Utah 3,940 3,740 3,700 9.3 8.1 7.8 –16
Wyoming 460 280 280 4.3 2.7 2.7 –37
Location
Residence Occurrence % obtained by
out-of-state residents
Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Colorado19,88023.6
Colorado15,69018
Colorado18,31020.9
Colorado 9,453 8.7 144 10,648 9.8 162 11.3 2014 [36]
Colorado 8,975 8.1 135 10,114 9.1 152 11.3 2015 [37]
Colorado7,3636.61118,3337.412511.42016[38]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Contraceptive history

In 2008, Colorado's Department of Public Health and Environment was provided with private funds to provide poor women in the state with long-acting reversible contraceptives (LARCs) at little or no cost to them.[39] From 2009 to 2017, free, low-cost IUDs resulted in a 54% decline in the rate of teenage pregnancy in the state.

Deaths and injuries from unsafe or illegal abortions

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[40] During the winter of 1978, three women in less than a month required hospitalization in Denver after consuming pennyroyal oil for the purpose of trying to induce an abortion. One of these women died.[41]

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[42]

Following the Roe v. Wade overturn draft leak on May 2, 2022, there were abortion rights demonstrations in Aspen,[43] Colorado Springs,[44] Denver,[45] Fort Collins,[46] and Grand Junction.[47]

Following the overturn of Roe v. Wade on June 24, 2022, an abortion rights protest was held outside the Colorado State Capitol in Denver.[48]

Anti-abortion views and activities

Protests

Several hundred anti-abortion activists participate in the Rocky Mountain March for Life in Colorado each year to support ending abortion.[49]

Respect Life Denver also organizes an annual rally and march in the state capitol each year to support legislation against abortion.[50]

Anti-abortion city ordinances

In late 2022, four out of seven council members of the city of Pueblo voted to consider a measure that would ban abortion within the city. The proposed ordinance was the work of a Texas-based anti-abortion group which was introduced by council member Regina Maestri.[51] The proposed measure would break state laws surrounding abortion protections while observers said the measure might inspire other cities or towns throughout Colorado to attempt to ban or restrict abortions.[52] The measure was narrowly rejected by the council.[53]

Violence

An incident of anti-abortion violence occurred at an abortion clinic in Denver, Colorado on August 26, 2003.[54]

Between 1993 and 2015, 11 people were killed at American abortion clinics.[55] On November 29, 2015, a shooting at a Planned Parenthood clinic in Colorado Springs, Colorado, left three dead and several injured, and a suspect, Robert L. Dear, was apprehended.[56] [57] [58] [59] Police officer and pastor Garrett Swasey, US Iraq War veteran Ke'Arre M. Stewart, and Hawaiian Jennifer Markovsky, who was accompanying a friend at the clinic, were killed. The suspect had previously acted against other clinics, and referred to himself as a "warrior for the babies" at his hearing.[60] [61] Neighbors and former neighbors described the suspect as "reclusive", and police from several states where the suspect resided described a history of run-ins dating from at least 1997. On May 11, 2016, the court declared the suspect incompetent to stand trial after a mental evaluation was completed.[62]

Footnotes

  1. News: Gal . Grace Panetta, Shayanne . The latest point in pregnancy you can get an abortion in all 50 states . 2021-07-27 . Business Insider . en-US . 2021-07-27 . https://web.archive.org/web/20210727145642/https://www.businessinsider.com/latest-point-in-pregnancy-you-can-get-abortion-in-50-states-2019-5 . dead .
  2. Web site: Reproductive Rights in Colorado . dead . May 4, 2022 . May 18, 2023 . NARAL Pro-Choice Colorado. https://web.archive.org/web/20220504164122/https://naralcolorado.org/laws-policy/in-our-state/ .
  3. Web site: 2014 . Religious Landscape Study . 2023-05-19 . Pew Research Center's Religion & Public Life Project . en-US.
  4. News: Coltrain . Nick . 2022-02-25 . Colorado Democrats stop GOP's anti-abortion measures and brace for threat to Roe v. Wade . 2022-03-19 . . en-US.
  5. News: Paul . Jesse . 2 February 2022 . Efforts to affirm abortion access in Colorado won't stop some lawmakers from trying to reverse course . 2022-03-19 . . en-US . The Durango Herald.
  6. Medicine: Abortion on Request. https://web.archive.org/web/20101201211449/http://www.time.com/time/magazine/article/0,9171,878789,00.html. dead. December 1, 2010. March 9, 1970. Time. 2012-10-15.
  7. News: Timeline: The 200-Year Fight for Abortion Access. Larson. Jordan. The Cut . 2019-05-25.
  8. News: Foes of Notification Enlist Grim, Dirty Images. Abbot. Karen. October 29, 1998. Rocky Mountain News. Denver. 11A.
  9. http://www.elections.colorado.gov/WWW/default/Amendments%20and%20Referenda/36%20Statement%20of%20Sufficiency.pdf Statement of Sufficiency
  10. http://www.coloradoforequalrights.com/ Personhood Initiative '08
  11. http://www.coloradorighttolife.org/news/2008/09/vote-yes-48 Vote Yes on 48
  12. Jorgensen, Leslie. Amendment 48: Opposition galvanizes Democrats, Republicans . Colorado Statesman. October 10, 2008.
  13. http://www.leg.state.co.us/LCS/InitRefr/0708InitRefr.nsf/89fb842d0401c52087256cbc00650696/16f403e0c19126f98725744b0050fd4d/$FILE/Amendment%2048.pdf Amendment 48: Definition of Person
  14. Brown, Jennifer. "Personhood" Amendment Fails. Denver Post. November 4, 2008.
  15. News: 'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It. Tavernise. Sabrina. 2019-05-15. The New York Times. 2019-05-24. en-US. 0362-4331.
  16. Web site: Employment Protection For Workers Who Are Pregnant Or Nursing. U.S. Department of Labor . 2019-05-29.
  17. Web site: Employment Protections For Workers Who Are Pregnant or Nursing. U.S. Department of Labor . 2019-05-29.
  18. News: Hernandez . Joe . 2022-04-05 . The right to abortion in Colorado is now guaranteed under state law . en . NPR . 2022-04-21.
  19. News: Colorado governor signs bill codifying the right to abortion in state law . 2022-04-21 . CBS News . en-US.
  20. Buell. Samuel. 1991-01-01. Criminal Abortion Revisited. New York University Law Review. 66. 6. 1774–1831. 11652642.
  21. News: Supreme Court overturns Roe v. Wade . Ariane . de Vogue . June 24, 2022 . June 24, 2022 . . June 24, 2022 . https://web.archive.org/web/20220624141808/https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html . live .
  22. News: Howe . Amy . Supreme Court overturns constitutional right to abortion . . June 24, 2022 . June 24, 2022 . June 24, 2022 . https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ . live .
  23. Web site: Election result 2008 . 2019-05-22 . 2013-01-22 . https://archive.today/20130122073605/http://data.denverpost.com/election/results/amendment/2008/48-definition-of-person . dead .
  24. Web site: Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020) .
  25. News: Advocates for legal abortion take critical step to put constitutional amendment on the ballot . 2024-04-18 . CPR News . en-US.
  26. Book: A State-By-State Review of Abortion and Reproductive Rights. Arndorfer. Elizabeth. Michael. Jodi. Moskowitz. Laura. Grant. Juli A.. Siebel. Liza. December 1998. DIANE Publishing. 9780788174810.
  27. News: February 10, 2017 . The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state . Rebecca Harrington . Gould . Skye . Business Insider . 2019-05-23.
  28. News: This is what could happen if Roe v. Wade fell . 2018-08-04. Business Insider. es. 2019-05-24. 2019-05-24. https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8. dead.
  29. News: 27 states with the most Planned Parenthood clinics. Bohatch. Emily. The State . Columbia, South Carolina . 2019-05-24.
  30. News: Here's Where Women Have Less Access to Planned Parenthood. 2019-05-23.
  31. Web site: Guttmacher Data Center. . 2019-05-24.
  32. Web site: No. of abortions among women aged 15–19, by state of residence, 2013 by racial group. Guttmacher Institute. 2019-05-24.
  33. Web site: Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics . Pew Research Center. en-US. June 27, 2022.
  34. News: States pushing abortion bans have highest infant mortality rates . NBC News . 2019-05-25.
  35. News: IUD program leads to big decline in teen pregnancies, abortions in Colorado. 2017-12-01. The Denver Post. en-US. 2019-05-28.
  36. Jatlaoui. Tara C.. 2017. Abortion Surveillance — United States, 2014. MMWR. Surveillance Summaries. en-us. 66. 24. 1–48. 10.15585/mmwr.ss6624a1. 1546-0738. 29166366. 6289084.
  37. Jatlaoui. Tara C.. 2018. Abortion Surveillance — United States, 2015. MMWR. Surveillance Summaries. en-us. 67. 13. 1–45. 10.15585/mmwr.ss6713a1. 1546-0738. 6289084. 30462632.
  38. Jatlaoui. Tara C.. 2019. Abortion Surveillance — United States, 2016. MMWR. Surveillance Summaries. en-us. 68. 11. 1–41. 10.15585/mmwr.ss6811a1. 31774741. 1546-0738. free. 6289084.
  39. News: Abortion is at the top of the political agenda. Here are a few facts.. NBC News . 2019-05-22.
  40. Cates. Willard. Rochat. Roger. March 1976. Illegal Abortions in the United States: 1972–1974. Family Planning Perspectives. 8. 2. 86–92. 10.2307/2133995. 2133995. 1269687.
  41. Tyler. C. W.. 1983. The public health implications of abortion. Annual Review of Public Health. 4. 223–258. 10.1146/annurev.pu.04.050183.001255. 0163-7525. 6860439. free.
  42. News: Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation. Bacon. John. USA Today . 2019-05-25.
  43. News: On moment's notice, Aspen joins abortion-rights protest movement. Reynolds. Jacqueline. Aspen Daily News . 2024-01-26.
  44. News: Pro-choice advocates march through Colorado Springs as abortion debate continues. Soicher. Spencer. KRDO . 2024-01-26.
  45. News: People who support abortion rights rally outside Colorado Capitol. Yuen. Courtney. 9 News . 2024-01-26.
  46. News: Hundreds rally in Fort Collins for abortion rights after draft opinion on Roe vs. Wade. Ferrier. Pat. Coloradoan . 2024-01-26.
  47. News: Grand Junction locals attend rally in support of Roe v. Wade. Sinton. Kacie. KKCO 11 News . 2024-01-26.
  48. News: Crowd marches in Denver, rallies at Capitol to protest Roe v. Wade reversal. Campbell-Hicks. Jennifer. 9 News . 2024-01-26.
  49. News: Boyce. Dan. Hundreds Join Local March For Life In Colorado Springs As State Gov't Moves Left. 2021-07-27. Colorado Public Radio. en.
  50. Web site: Celebrate Life March Jan. 13. 2021-07-27. Respect Life Denver Archdiocese of Denver. en-US.
  51. Web site: Wenzler . Elliott . 2022-12-10 . Pueblo sees first attempt by Texas-based anti-abortion activist to challenge Colorado law . 2023-08-09 . The Colorado Sun . en-US.
  52. News: Frank . John . 12 December 2022 . Pueblo's abortion battle reverberates across Colorado and the nation . Axios Denver . 8 August 2023.
  53. Web site: Wilson . Sara . 2022-12-13 . Pueblo City Council rejects anti-abortion ordinance . 2023-08-09 . Colorado Newsline . en-US.
  54. Jacobson . Mireille . Royer . Heather . December 2010 . Aftershocks: The Impact of Clinic Violence on Abortion Services . American Economic Journal: Applied Economics . 3 . 189–223 . 10.1257/app.3.1.189.
  55. News: Stack . Liam . 2015-11-29 . A Brief History of Deadly Attacks on Abortion Providers . en-US . The New York Times . 2019-05-23 . 0362-4331.
  56. Web site: 'No more baby parts': Reclusive suspect's words draw focus . 2019-05-22 . Hartford Courant . 29 November 2015 . Hartford, Conn..
  57. News: What's known about suspect in Planned Parenthood shooting . 2019-05-22 . Hartford Courant . Hartford, Conn..
  58. News: Fausset . Richard . 2015-12-01 . For Robert Dear, Religion and Rage Before Planned Parenthood Attack . en-US . The New York Times . 2019-05-22 . 0362-4331.
  59. Web site: Larson . Jordan . Timeline: The 200-Year Fight for Abortion Access . 2019-05-25 . The Cut.
  60. Gurman, Sadie (December 9, 2015). "Planned Parenthood suspect: 'I am a warrior for the babies'". Yahoo News. Associated Press. Retrieved January 18, 2016.
  61. Web site: Kevin Conlon . Greg Botelho . Pamela Brown . 28 November 2015 . Source: Colorado shooting suspect spoke of 'baby parts' . 2019-05-22 . CNN.
  62. Hughes, Trevor (May 11, 2016). "Planned Parenthood shooting suspect found incompetent to stand trial". USA Today. Retrieved May 11, 2016.