2024 Colorado Amendment 79
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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 The amendment established a right to abortion in the Constitution of Colorado and repealed a constitutional ban on public funding for abortions.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]
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
U.S. Senators
- Michael Bennet, U.S. Senator from Colorado (2011-present) (Democrat)[11]
- John Hickenlooper, U.S. Senator from Colorado (2021-present) (Democrat)[11]
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
- Diana DeGette, U.S. representative from CO-1 (1997–present) (Democrat)[11]
- Joe Neguse, U.S. representative from CO-2 (2019–present) (Democrat)[11]
- Jason Crow, U.S. representative from CO-6 (2019–present) (Democrat)[11]
- Brittany Pettersen, U.S. representative from CO-7 (2023–present) (Democrat)[11]
- Yadira Caraveo, U.S. representative from CO-8 (2023–present) (Democrat)[11]
State Senators
- 19 Democratic state senators[11]
State Representatives
- 31 Democratic state representatives[11]
Labor unions
- Colorado Education Association[11]
- CWA Local 7799[11]
- SEIU Local 105[11]
- UCW-CWA 7799[11]
Organizations
- Advocates for Youth[11]
- ACLU of Colorado[11]
- American College of Obstetricians and Gynecologists[11]
- Anti-Defamation League Mountain States[11]
- Catholics for Choice[11]
- Center for Reproductive Rights[11]
- Colorado Democratic Party[11]
- Colorado Working Families Party[11]
- Feminist Majority Foundation[11]
- Freedom From Religion Foundation[12]
- League of Women Voters of Colorado[11]
- National Abortion Federation[11]
- National Council of Jewish Women[13]
- National Women's Law Center[11]
- Planned Parenthood Rocky Mountains[11]
- Reproductive Health Access Project[11]
- SIECUS[11]
- Small Business Majority[11]
State Representatives
- Brandi Bradley, state representative from the 39th district (2023–present) (Republican)[14]
Organizations
- Colorado Catholic Conference[15]
- Colorado Republican Party[16]
- March for Life[17]
See also
- Abortion in Colorado
- 2022 Kansas abortion referendum
- 2022 California Proposition 1
- 2022 Michigan Proposal 3
- 2022 Vermont Proposal 5
- November 2023 Ohio Issue 1
- 2024 Arizona Proposition 139
- 2024 Florida Amendment 4
- 2024 Maryland Question 1
- 2024 Missouri Amendment 3
- 2024 Montana Initiative 128
- 2024 Nebraska Initiative 439
- 2024 Nevada Question 6
- 2024 New York Proposal 1
- 2024 South Dakota Amendment G
Notes
References
- ^ a b c d "Right to Abortion". Retrieved 6 June 2024.
- ^ "Results". Colorado Secretary of State. Retrieved December 3, 2024.
- ^ "Colorado Right to Abortion and Health Insurance Coverage Initiative (2024)". Ballotpedia. Retrieved 5 June 2024.
- ^ "Right to Abortion" (PDF). Colorado Secretary of State. Retrieved 5 June 2024.
- ^ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
- ^ Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
- ^ "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved 2012-10-15. (subscription required)
- ^ "Colorado Amendment 3, Prohibit Public Funds for Abortions Initiative (1984)". Ballotpedia. Retrieved 7 June 2024.
- ^ "Colorado Constitution & Statutes". Retrieved 7 June 2024.
- ^ "Colorado group says it has enough signatures for abortion rights ballot measure this fall". CBS News. April 12, 2024. Retrieved June 6, 2024.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae "Our Coalition". Coloradans for Protecting Reproductive Freedom. Retrieved June 6, 2024.
- ^ "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
- ^ @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.
- ^ 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.
- ^ @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.
- ^ "2024 COLORADO BALLOT QUESTIONS". Colorado Republican Party. Retrieved October 17, 2024.
- ^ "MARCH FOR LIFE, PARTNERED WITH PRO LIFE COLORADO ANNOUNCES SPEAKERS FOR THE 2024 COLORADO MARCH FOR LIFE". 25 March 2024. Retrieved 7 June 2024.