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HomeAmendment 79: Yes/No

DOWNLOAD AMENDMENT 79 INFO: ABORTION
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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.

WHAT IT DOES

Makes abortion a constitutional right in Colorado and prohibits state and local governments from denying, impeding, or discriminating against exercising that right.

Repeals an existing Colorado constitutional provision banning the use of public funds for abortion services.

A YES VOTE

Places the right to abortion in Colorado Constitution and repeals the current ban on state and local funding for abortion services.

A NO VOTE

Continues the ban on state ban on state and local funding for abortion services and maintains the authority of the state legislature to determine the legality of abortion in the state.

WHAT YOU NEED TO KNOW

Currently under Colorado statute a pregnancy may be terminated at any time.
Regarding funding; this measure dos not guarantee government -provided abortion funding and potentially would allow state and local money to be used to pay for abortions through Medicaid or state and local government employee health insurance plans.
Future decisions on funding abortion services will be made by the Colorado legislature and local governments.
At this time, no change in spending is estimated, as it will depend on future decisions by the state and local governments

Updated 10/17/2024

BALLOT TITLE

CONSTITUTIONAL REFERRED MEASURES AND CITIZEN INITIATIVES

Amendment 79 Constitutional Right to Abortion (Right to Abortion)

Shall there be a change to the Colorado constitution recognizing the right to abortion, and, in connection therewith, prohibiting the state and local governments from denying, impeding, or discriminating against the exercise of that right, allowing abortion to be a covered service under health insurance plans for Colorado state and local government employees and for enrollees in state and local governmental insurance programs?

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

CLICK HERE

WHERE THE LEAGUE STANDS

LWVCO Action and Advocacy Team has provided their stances on the Colorado statewide ballot measures to promote informed voter participation. The League has studied both sides of a wide range of policy issues over its over 100-year history.

Based on the findings, the League has taken a stand on this year's ballot measures.

CLICK HERE TO FIND OUT WHERE THE LEAGUE STANDS

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