Colorado now guarantees the right to abortion in state law

Getting an abortion without government interference is now guaranteed in Colorado after Gov. Jared Polis signed a bill Monday enshrining that right in state law.

The Democratic governor signed HB22-1279, affirming that Coloradans who want reproductive care, including abortions, will be able to get that care in the state, regardless of whether the U.S. Supreme Court overturns Roe v. Wade, the 1973 ruling that said the right to choose to have an abortion was protected by the Constitution.

“Roe v. Wade has been eroded in the last few years,” Polis said prior to the signing. “Roe v. Wade has been weakened and many legal pundits conclude that it’s likely a matter of time til the federal protections at the Supreme Court simply cease to exist. We in Colorado simply don’t want to take that risk.”

Polis said lawmakers want to protect the rights women already have under federal law, so that no matter what happens with the landmark ruling, women in Colorado can choose what to do about their own pregnancies, whether that’s in vitro fertilization or termination.

The legislation ensures the right to abortions as well as other reproductive care before and after pregnancy, and it would ban local and state governments from interfering in that care. It also would prevent a fertilized egg, embryo or fetus from having independent rights under state law.

At Monday’s bill-signing ceremony, House Majority Leader Daneya Esgar, a Pueblo Democrat and bill sponsor, referenced the work it took to get the bill across the finish line, including the almost 24 hours of debate on the House floor. Rep. Meg Froelich, a Democrat from Englewood and fellow sponsor, thanked advocates for their work and those who shared their personal stories during hearings.

The bill passed out of the Colorado legislature last month on a party-line vote, with Democrats, who are in control of both chambers, voting in favor of the bill. Each hearing on the bill garnered hours of debate and heavy Republican opposition.

“…It’s more important now than ever for all Colorado to make sure we are protecting women and people who choose to be pregnant or choose to not be pregnant across this great state,” Esgar said before the bill was signed into law.

Colorado joins 15 other states and the District of Columbia that have codified abortion into law with the signing of the “Reproductive Health Equity Act.”

Prior to this new law, Colorado didn’t have any gestational restrictions on abortions, but it didn’t have any guarantees, either. While this act will change that, it doesn’t remove all of the restrictions such as the ban on the state funding of abortions. That means a person will be guaranteed the right to choose whether to get an abortion or not, but it doesn’t mean it will be covered by their state insurance.

After signing the bill, Polis released what’s known as a signing statement, which he typically does after approving bills that he has some concerns about or when he wants to raise an issue for future legislation.

But in this statement, Polis instead addressed a point about parental notification that Republicans brought up during debate on the bill. GOP lawmakers argued that the bill would affect the requirement that parents of minors who want to get abortions be notified. Current law requires written notice to parents at least 48 hours before a procedure.

“This important bill simply codifies existing protections in statute,” Polis wrote. “The bill does not make any changes to the current legal framework for parental notification that exists in state law. This bill will also prevent any person from being forced to end or continue a pregnancy, and ensure that no one is forced to perform or have an abortion against their will or conscience. Such is already the case in Colorado today. This bill simply maintains this status quo regardless of what happens at the federal level and preserves all existing constitutional rights and obligations.”

Sen. Julie Gonzales, a Denver Democrat, said at the event Monday that the bill is a response to both voters’ rejection of prior attempts to restrict abortions and “the consistent and sustained support for reproductive health care by Coloradans in every corner of the state — urban, rural and everywhere in between.”

The bill signing, which was announced hours before it took place, attracted the attention of two protesters outside the governor’s mansion who held up signs and took pictures of attendees. One of the protesters was Giuliana Day, who was behind the failed effort in 2020 asking voters to approve a 22-week abortion ban in the state.

“It’s just devastating to say that in the state of Colorado we are accepting unrestricted abortions with little regard for the psychological, emotional and physical effects the abortion does to a woman,” she said.

Day said she’s not ruling out another potential ballot measure to try to limit abortions in the state, and she and other advocates are preparing to fight a ballot measure expected in 2024 that would ask voters to enshrine abortion access in the state Constitution in case a future legislature wants to overturn the law Polis signed Monday.

Although Colorado has been trending blue statewide, conservative leaders in rural counties have discussed declaring “pro-life sanctuaries” in response to the new law. In Weld County, GOP Commissioner Lori Saine, a former state representative, called for the county to adopt the designation. On Tuesday, Park County commissioners will consider a resolution declaring the county a “sanctuary county for the protection of life.”

Esgar said she believes these types of resolutions are mostly symbolic because “we have now said in the state of Colorado you cannot prevent women from accessing abortion care for reproductive health care.”