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BALLOT MEASURE SUMMARY

This measure would add language to the Colorado constitution to protect the right to abortion, allow abortion to be covered by health insurance, and allow public funding for abortion through Medicaid.

BACKGROUND

In 1984, the voters approved a constitutional amendment that became Section 50 in Article V in the Colorado Revised Statutes, forbidding public funding for abortion services. This prohibited the use of Medicaid funds for abortion services even if doing so gravely threatened the patient’s health or when it is clear there is a fatal fetal condition.

The only exception is if the General Assembly, by specific bill, authorizes and funds abortion services to prevent the death of a pregnant woman or unborn child under circumstances where every reasonable effort is made to preserve the life of both.

This had the unintended consequence of denying health insurance coverage to local and state employees, which was discriminatory and harmful to them.

The Colorado Reproductive Health Equity Act, enacted in 2022, states that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.

Adding protections for abortion to the state constitution will result in no fiscal impact to state and local governments, as it reflects current law and practices. Whether or not to include abortion care in health plans will be up to the state and local governments, so that fiscal impact is unknown.

LINK TO FISCAL NOTE

This measure would repeal Section 50, Article V and add section 32 to Article II as follows:

Section 32. ABORTION. 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.

LEAGUE POSITION

The League supports policy that protects the constitutional right of privacy of the individual to make reproductive choices. The League believes that public policy in a pluralistic society must affirm the constitutional right of privacy of the individual to make reproductive choices.

RATIONALE FOR STANCE

The current statute prohibiting the use of state funds (Medicaid) for abortions discriminates against economically disadvantaged women as well as women who are employed by state or local governments and have health insurance through their employment. The League opposes any law that prohibits access to abortion based on insurance non-coverage.

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