Amendment 79 seeks to enshrine abortion rights in Colorado's Constitution | WHAT YOU NEED TO KNOW - coloradopolitics.com

Thelma Grimes thelma.grimes@coloradopolitics.com - Sep 13, 2024 Updated Oct 3, 2024

Colorado voters will decide this November whether to enshrine abortion rights in the Colorado Constitution.

If approved at the ballot box, Amendment 79 will also allow the use of public funds for women to pay for an abortion.

Spearheaded by Coloradans for Protecting Reproductive Freedom, the measure would prohibit the state or local governments from denying or impeding the right to an abortion and allow abortion to be a covered service under health insurance plans. The initiative would repeal Section 50 of Article V of the Colorado Constitution.

The measure said that, in 1984, the state adopted Amendment 3, which had the “unintended consequences” of denying health insurance coverage for abortion services for state and local public employees, even in cases of rape, incest, when a pregnancy endangers the woman’s health or when there is a fatal fetal condition.

Currently, Colorado is one of 10 states that does not restrict abortion at any point in a pregnancy. Policymakers here enshrined abortion as a fundamental right under the Reproductive Health Equity Act, which Gov. Jared Polis signed into law in 2022. Among the most permissive in the country, it affirmed the right to choose an abortion or carry a pregnancy to term. Fertilized eggs, embryos and fetuses do not have independent rights under the law, and it prohibits state and local public entities from denying or restricting a person's right to use or refuse contraception, or to either continue a pregnancy or have an abortion. 

Several pro-life groups oppose Amendment 79, including Pro-Life Colorado, March for Life Education and Defense, and Coloradans for the Protection of Women and Children.

Scott Shamblin, the executive director of Colorado Right to Life and of Vote No on 79, said that, among other issues, the measure supports "killing babies."

Shamblin said it is really a two-issue measure: One on allowing abortions and another on permitting public funds to pay for them.

The requirement to change the state’s constitution is high — it takes 55% of the votes to pass it.

Proponents of Amendment 79 believe the support exists.

Dusti Gurule of the Colorado Organization for Latina Opportunity and Reproductive Rights is confident that the 55% threshold is reachable. In conducting a survey last year, supporters found that between 60% and 70% of respondents said they would vote in favor of an initiative like Amendment 79.

In collecting the signatures to qualify for the November ballot, Gurule said she wanted organizations like COLOR to be more proactive, instead of “just being on defense.”

“We have been working on this to affirm abortion care,” she said. “There are a lot of people who need it, but because of state insurance can’t. It’s the right thing to do to get people the treatment they need.”

Focusing the attention on the Latina community, Gurule argued that Amendment 79 is needed for low-income demographics who should have the right to get an abortion.

In addition, Gurule said rural communities suffer from too many “healthcare deserts,” which means, she said, women lack access to care because it is not available.

“This is one of the most progressive ballot measures this year,” Gurule said. “It protects women seeking abortion care without interference from the government.”

A fiscal note attached to Amendment 79 from the Legislative Council did not provide hard figures, though it said the proposal would mean additional public funding to pay for abortion-related healthcare services and require the state to shift from other government health care services.

Shamblin said he believes the actual figures should show how much in taxpayer dollars would go toward funding abortions. Looking at the issue more broadly, Shamblin said "killing babies" also means less people paying taxes in the future, which also carries a fiscal impact. 

Abortion is a top issue in this year's presidential and local elections

In Tuesday’s debate, former President Donald Trump insisted that each state should decide the issue, while Vice President Kamala Harris said she will support a federal law to allow women to get abortions legally nationwide.

Congress has not pushed forward any abortion legislation at the federal level. However, several states have ballot measures on abortion this year.

In addition to Colorado, right-to-abortion measures are on the ballot in Arizona, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota.

With ballots set to arrive in Colorado mailboxes starting Oct. 11, Amendment 79 proponents have a big financial advantage over those opposing the measure.

Coloradans for Protecting Reproductive Freedom reported more than $5.9 million in contributions to date, while the Pro-Life Colorado Fund and Coloradans for the Protection of Women and Children reported having nearly $63,000 in the bank.