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Colorado Abortion Ban Initiative (2022)

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Colorado Abortion Ban Initiative
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Election date
November 8, 2022
Topic
Abortion
Status
Not on the ballot
Type
State statute		Origin
Citizens

The Colorado Abortion Ban Initiative (#56) was not on the ballot in Colorado as an initiated state statute on November 8, 2022.

Additional information on abortion-related ballot measures

Overview

What would this initiative have done?

See also: Text of measure

The ballot initiative would have prohibited abortion in Colorado.[1]

Specifically, the initiative would have prohibited "intentionally causing the death of a living human being at any time prior to, during, or after birth while the child is under the age of 18 years by using or prescribing any instrument, medicine, drug, or any other substance, device, or means, and causing death." The initiative would have defined such action as Murder of a Child and provided that "any person who murders a child will be held to equal penalties of murdering any other child regardless of age, level of development, developmental ability or disability, health, prognosis, sex/gender, socio-economic background, origin, nationality, or ethnicity."[1]

How did the campaigns react to Dobbs v. Jackson Women's Health Organization?

On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization, which held that "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives."[2] Ballotpedia is tracking abortion-related ballot measure campaigns' responses to the ruling.

Colorado Life Initiative, the campaign supporting the ballot initiative, said, "With the overturning of Roe v Wade, the decision goes back to the states which children's lives a state will protect prior to, during, and after birth. Because human life is a continuum from conception through birth and natural death, it is important that we protect the lives of all children prior to, during, and after birth so that everyone has a fair opportunity to live their one and only life to the fullest extent possible."[3]

Cobalt Advocates, an organization that supports abortion access and opposes the initiative, said, "If abortion access returns to the states, Colorado must remain a place where pregnant people can access abortion care without shame, stigma, political interference, or cost barriers. We are already increasing the funding, patient support, and overall capacity for the Cobalt Abortion Fund for both in and out of state clients. We currently have RHEA, but that is not enough. ... And in 2024, we will go to the ballot to enshrine the right to abortion in the Colorado Constitution. This is a sad day, but the fight isn’t over. It’s only beginning and we here in Colorado will be leading the way on abortion access, just as we did in 1967 and 1973.”[4]

Text of measure

Ballot title

The ballot title was as follows:[1]

“ Shall there be a change to the Colorado Revised Statutes concerning making it illegal to intentionally cause the death of a fetus or child at any time until the child is eighteen years old, and, in connection therewith, providing exceptions for actions to save the life or preserve the health of both the mother and fetus during a pregnancy or at birth, remove a fetus who is no longer living, or remove or attempt to relocate an ectopic pregnancy; making the penalty for intentionally causing the death of a fetus or child consistent regardless of age, level of development, developmental ability or disability, health, prognosis, sex/gender, socio-economic background, origin, nationality, or ethnicity; and authorizing the attorney general of Colorado, concurrently with district attorneys and local law enforcement, to investigate, arrest, and prosecute a person who intentionally causes the death of a fetus or child?[5] ”

Full text

The full text is available here.

Support

Supporters

Colorado Life Initiative sponsored the initiative.[6]

Arguments

  • Angela Eicher, sponsor of the initiative, said, "There are no exceptions. It’s simple. We protect all children equally from murder. Thereby, we also protect parents and society from the trauma and ripple effects of killing a child. Some may claim that killing a child somehow helps the child, the family or perhaps society. This is a LIE. In fact, there are many victims when we don’t protect children… everybody involved. That’s why we need a hard stop on it. This moral issue demands we speak the whole truth, not compromising with any of the lies which have been circulating for the past 50 years.”[7]
  • Faye Barnhart, executive director of A Caring Pregnancy Resource Center of Northeast Colorado and spokeswoman for the support campaign, said, "Our goal is equal protection of all living children without discrimination."[7]
  • The Colorado Life Initiative campaign said, "The purpose of this initiative is to protect women, children, and our society from the devastating effects of killing children for profit any time prior to, during, or after birth regardless of the child's age, level of development, ability or disability, ethnicity, gender, etc. Because it is never in a mother's best interest to kill her child, and never medically necessary to purposefully take the life of a child, we have written [the initiative] to educate and eliminate not only surgical killing of children, but online pills and DIY killings so that women can get the help that they need to get out of the trap of abuse and victimization often leading her to take the life of her child. There is never a medical reason to purposefully take the life of a child. While all attempts may not be successful, it is always possible to attempt to save both lives of mother and child. As long as a doctor is attempting to save both lives, and does not intentionally murder a child, this initiative does not affect the accidental death of a child, a naturally occurring miscarriage, or an ectopic pregnancy."[6]

Opposition

Opponents

  • Karen Middleton, president of Cobalt Advocates[8]

Arguments

  • Karen Middleton, president of Cobalt Advocates, said, "I believe that public support is with us. They will see this [initiative] for what it is: an attempt to ban abortion in a state that has consistently said no, and it will be defeated. It will also be a way for us to organize as we move toward 2024."[8]

Background

Colorado Reproductive Health Equity Act, 2022

On April 4, 2022, Colorado Governor Jared Polis (D) signed House Bill 22-1279, titled the Colorado Reproductive Health Equity Act. The bill provided for the following fundamental reproductive health-care rights in the state:[9]

“

(1) Every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception.

(2) A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right.

(3) A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.[5]

”

U.S. Supreme Court rulings on abortion

See also: Abortion regulations by state

On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization. In a 5-4 decision, the court ruled that "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.[10]

Beginning in 2019, some states passed laws related to abortion and abortion access that political commentators and elected officials said were in response to the possibility that the Supreme Court would revisit its rulings in Roe and Casey. Justice Brett Kavanaugh was confirmed to the court in October 2018, replacing Anthony Kennedy, one of the majority opinion authors in Casey.[11] Kavanaugh was among three justices President Donald Trump (R) appointed—along with Neil Gorsuch in 2017 and Amy Coney Barrett in 2020. Click here for more on media coverage and elected officials' statements on state legislation in 2019.

The U.S. Supreme Court heard three cases relating to abortion during its October 2021 term. Two cases heard in November (United States v. Texas and Whole Woman's Health v. Jackson) challenged the legality of Texas' abortion law S.B. 8, which used civil lawsuits by private citizens as an enforcement mechanism for the state's restrictions on abortion after a fetal heartbeat is detected. On December 10, the court ruled that the federal government did not have standing to sue to block the Texas law in federal court and that abortion providers could sue certain Texas officials in federal court to prevent them from enforcing provisions of S.B. 8 against abortion providers. The other case, heard in December (Dobbs v. Jackson Women’s Health Organization), directly challenged the court's precedent in Roe V. Wade and Planned Parenthood v. Casey. To read more about these three cases, click here.

Roe v. Wade, 1973

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[12]

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.[12]

Planned Parenthood v. Casey, 1992

In Planned Parenthood v. Casey of 1992, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The court affirmed that states could not ban abortions before fetal viability. However, according to the court, neonatal care developments since Roe v. Wade meant fetal viability occurred somewhat earlier than the start of the third trimester of pregnancy.[13]

The ruling in Planned Parenthood v. Casey also provided for a standard of undue burden to determine whether a law created substantial obstacles for a woman seeking an abortion before fetal viability. Unlike in Roe v. Wade, the court permitted states to regulate abortion during the first trimester if the regulations did not create an undue burden.[13]

Abortion restrictions based on stage of pregnancy

As of the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization, 44 states restricted abortions after a certain point in pregnancy.[14] The remaining six states and Washington, D.C., did not. The map and table below give more details on laws that were in effect as of the Dobbs decision. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

  1. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[15][16]
  2. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[17]
  3. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[18]
  4. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[19]
  5. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[19]

State abortion restrictions based on stage of pregnancy
State Does the state restrict abortion after a specific point in pregnancy? Threshold for restriction
Alabama Yes 20 weeks post-fertilization[20]
Alaska No N/A
Arizona Yes* Fetal viability*
Arkansas[21] Yes 18 weeks post-fertilization[22]
California Yes Fetal viability
Colorado No N/A
Connecticut Yes Fetal viability
Delaware Yes Fetal viability
Florida Yes 24 weeks since last menstrual period
Georgia Yes 20 weeks post-fertilization
Hawaii Yes Fetal viability
Idaho Yes* Fetal viability*
Illinois Yes Fetal viability
Indiana Yes 20 weeks post-fertilization
Iowa Yes 20 weeks post-fertilization
Kansas Yes 22 weeks since last menstrual period
Kentucky Yes 20 weeks post-fertilization
Louisiana[21] Yes 20 weeks post-fertilization[23]
Maine Yes Fetal viability
Maryland Yes Fetal viability
Massachusetts Yes 24 weeks post-implantation
Michigan Yes Fetal viability
Minnesota Yes Fetal viability
Mississippi[21] Yes 20 weeks since last menstrual period
Missouri Yes Fetal viability
Montana Yes Fetal viability
Nebraska Yes 20 weeks post-fertilization
Nevada Yes 24 weeks post-fertilization
New Hampshire Yes 24 weeks since last menstrual period
New Jersey No N/A
New Mexico No N/A
New York Yes Fetal viability
North Carolina Yes Fetal viability
North Dakota[21] Yes 20 weeks post-fertilization
Ohio Yes 20 weeks post-fertilization[24]
Oklahoma Yes 20 weeks post-fertilization
Oregon No N/A
Pennsylvania Yes 24 weeks since last menstrual period
Rhode Island Yes Fetal viability
South Carolina Yes 20 weeks post-fertilization
South Dakota[21] Yes 20 weeks post-fertilization
Tennessee Yes Fetal viability
Texas Yes Fetal heartbeat (Click here for information on ongoing legal challenges.)
Utah Yes Fetal viability
Vermont No N/A
Virginia Yes Third trimester since last menstrual period
Washington Yes Fetal viability
Washington, D.C. No N/A
West Virginia Yes 22 weeks since last menstrual period
Wisconsin Yes 20 weeks post-fertilization
Wyoming Yes Fetal viability
*Note: According to the Guttmacher Institute, court orders had prohibited an Arizona law banning abortions at 18 weeks post-fertilization and an Idaho law banning abortions at 20 weeks post-fertilization from being enforced. As of the U.S. Supreme Court decision in Dobbs v. Jackson, the laws were not in effect.
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed May 13, 2022; National Right to Life, "State Legislative Center," accessed May 17, 2022

Abortion ballot measures in Colorado

Coloradans have voted on nine measures relating to abortion between 1984 and 2020.

In 1984, Coloradans voted 50.4% to 49.6% to ban public funding of abortion except for cases where the mother's life is in danger. The measure was challenged in 1988 and was upheld by voters. In 1998, Coloradans voted 55% to 45% to require parents to be notified if their minor children seek an abortion and voted 51% to 49% to reject a ban on partial-birth abortion. In 2000, Colorado voters rejected a measure that would have required women to be given certain information from a physician at least 24 hours in advance of an abortion. Coloradans defeated three measures (in 2008, 2010, and 2014) that would have defined person to include fetuses or unborn human beings. In 2020, Coloradans rejected an initiative to ban abortions after a fetus reaches 22-weeks gestational age as calculated from the first day of the woman's last menstrual period.


Year Measure Measure summary Yes votes % No votes % Outcome
2020 Proposition 115, 22-Week Abortion Ban Ban abortions in Colorado after a fetus reaches 22-weeks gestational age as calculated from the first day of the woman's last menstrual period 41.01% 58.99% Defeatedd
2014 Amendment 67, Definition of Person Include unborn human beings under the definition of person and child in the Colorado criminal code and the Colorado Wrongful Death Act 35.13% 64.87% Defeatedd
2010 Initiative 62, Definition of Person Define person to include unborn human beings from the beginning of biological development 29.57% 70.53% Defeatedd
2008 Initiative 48, Defiition of Person Define person to include any human being from the moment of fertilization 26.79% 73.21% Defeatedd
2000 Initiative 25, Requirements for Consenting to Abortion Define necessary conditions for a patient to give voluntary, informed consent prior to an abortion; require patients to be given specific information from a physician at least 24 hours in advance of an abortion except in cases of emergency 39.44% 60.56% Defeatedd
1998 Initiative 12, Parental Notification for Abortions Performed on Minors Require that parents of unemancipated minors be informed if the minor seeks an abortion; create mandatory 48 hour waiting period after the parental notification before the abortion could be performed 54.87% 45.13% Approveda
1998 Initiative 11, Partial-Birth Abortion Ban Ban partial-birth abortions and establish criminal penalties for performing them[25] 48.52% 51.48% Defeatedd
1988 Initiative 7, Repeal Ban on Public Funding for Abortion Repeal the 1984 measure that prohibited use of public funds for abortion 39.76% 60.24% Defeatedd
1984 Amendment 3, Ban on Public Funding of Abortion Prohibits use of public funds for abortion; allows legislature to appropriate funds for abortion to prevent the death of the mother 50.39% 49.61% Approveda

Path to the ballot

See also: Signature requirements for ballot measures in Colorado and Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

The requirements to get an initiated state statute certified for the 2022 ballot:

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

  • Angela Eicher and Rebecca Greenwood filed the initiative on February 3, 2022. Ballot language was provided for the measure on February 16, 2022.[1]
  • The measure was cleared for signature gathering on April 1, 2022, with signatures due by August 8, 2022.[1]
  • As of June 20, 2022, the campaign reported collecting three-quarters of the required signatures.[26]
  • On August 8, 2022, proponents notified the Colorado Secretary of State's office that the group would not be submitting signatures by the deadline.[1]

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Colorado Secretary of State, "Initiative Filings, Agendas & Results," accessed February 5, 2021
  2. ↑ U.S. Supreme Court, "Dobbs v. Jackson Women's Health Organization," June 24, 2022
  3. ↑ Got a Heart, "Arguments," accessed July 7, 2022
  4. ↑ Cobalt Advocates, "COBALT STATEMENT ON SUPREME COURT’S DECISION OVERTURNING ROE AND THE RIGHT TO ABORTION IN DOBBS V. JACKSON WOMEN’S HEALTH," accessed June 24, 2022
  5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. ↑ 6.0 6.1 Got a Heart, "Home," accessed June 24, 2022
  7. ↑ 7.0 7.1 Fort Morgan Times, "Local women working to get anti-abortion initiative on the 2022 Colorado ballot," accessed June 24, 2022
  8. ↑ 8.0 8.1 Colorado Public Radio, "Colorado abortion activists on both sides mobilize in wake of leaked Supreme Court opinion on Roe v. Wade," accessed June 24, 2022
  9. ↑ Colorado State Legislature, "House Bill 22-1279," accessed June 24, 2022
  10. ↑ Supreme Court of the United States, "Dobbs v. Jackson Women’s Health Organization," accessed June 24, 2022
  11. ↑ The New York Times, "‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It," May 15, 2019
  12. ↑ 12.0 12.1 Cornell University Law School, "Roe v. Wade," accessed April 27, 2017
  13. ↑ 13.0 13.1 Cornell University Law School, "Planned Parenthood v. Casey," accessed April 27, 2017
  14. ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
  15. ↑ Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
  16. ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
  17. ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
  18. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named kaiser
  19. ↑ 19.0 19.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
  20. ↑ A law banning abortion except in the case of a serious health risk to the woman was scheduled to take effect on November 15, 2019. A federal judge stopped the law from going into effect on October 29, 2019.
  21. ↑ 21.0 21.1 21.2 21.3 21.4 Arkansas, Louisiana, Mississippi, North Dakota, and South Dakota have enacted laws establishing bans against abortions in most cases in the event that the Supreme Court of the United States overturns Roe v. Wade.
  22. ↑ Governing, "18-Week Abortion Ban Signed by Arkansas Governor," March 19, 2019
  23. ↑ A law banning abortion after a fetal heartbeat is detected was signed into law on May 30, 2019. It will not take effect unless a similar law in Mississippi is upheld.
  24. ↑ A law banning most abortions after doctors can detect a fetal heartbeat was scheduled to take effect on July 11, 2019. A federal judge blocked enforcement of the law pending legal challenges on July 3.
  25. ↑ Partial-birth abortion would have been defined as those abortions performed by someone who, "deliberately and intentionally causes to be delivered into the vagina a living human fetus or any substantive portion thereof for the purpose of performing any procedure the person knows will kill the fetus and kills the fetus before completing delivery."
  26. ↑ Facebook: Colorado Life Initiative group, "Post from Faye Barnhart," June 20, 2022
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