2024 Colorado Amendment 79 was a constitutional amendment that appeared on the November 5, 2024 ballot. The amendment established a right to

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...

in the

Constitution of Colorado The Constitution of the State of Colorado is the foundation of the laws and government of the U.S. state of Colorado. The current, and only, Colorado State Constitution was drafted on March 14, 1876; approved by Colorado voters on July 1, 1876; ...

and repealed a constitutional ban on public funding for abortions.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.

Text

In the Colorado Constitution, Article II is amended by the addition of a new section 32 as follows:

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. Colorado's first ban on abortion was passed in 1861.''Dobbs v. Jackson Women's Health Org.'', No. 19-1392, slip op. at 84 (U.S. June 24, 2022). It read:

“ ery 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. 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. The amendment effectively banned the usage of public funding for abortions except in certain circumstances. The amendment, which is still a part of the

, 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."

Ballot measure submission

In 2023, Coloradans for Protecting Reproductive Freedom, the group sponsoring the initiative, filed the amendment with

Jena Griswold Jena Marie Griswold (born October 2, 1984) is an American attorney and politician from the state of Colorado. A Democrat, she is the 39th Colorado Secretary of State, serving since January 8, 2019. Early life and career Griswold was born in ...

, the Colorado Secretary of State. The measure was approved for circulation on November 14, 2023. On April 18, 2024, the group submitted some 225,000 signatures, well over the 124,238 needed to gain ballot access. Griswold certified the signatures on May 17, 2024.

Endorsements

Results

By county

By congressional district

"Yes" won all eight congressional districts, including four that elected Republicans.https://x.com/DrewSav/status/1901428263760560459

Notes

References

{{2024 United States elections Colorado Initiative Measure 89 Initiative Measure 89 Abortion referendums United States state abortion legislation Women in Colorado U.S. state constitutional amendments