Jump to content

2024 Colorado Initiative Measure 89

From Wikipedia, the free encyclopedia
2024 Colorado Initiative Measure 89

November 5, 2024

Right to Abortion[1]

Colorado Initiative Measure 89[nb 1] is a proposed constitutional amendment that will appear on the ballot on November 5, 2024. If passed, the amendment would establish a right to abortion in the Constitution of Colorado and repeal Amendment 3, a 1984 constitutional ban on public funding for abortions. A 55% supermajority vote is required for the amendment to be approved.[3]

Text[edit]

In the Colorado Constitution, Article II is amended by the addition of a new section 32 as follows:[4]

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[edit]

Colorado's abortion laws[edit]

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.[5] Colorado's first ban on abortion was passed in 1861.[6] It read:

“[E]very 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.[7] Despite adopting what was considered a more progressive law, elective abortions were still illegal under state law.

1984 Colorado Amendment 3[edit]

In 1984, Colorado voters narrowly approved Amendment 3.[8] The amendment effectively banned the usage of public funding for abortions except in certain circumstances. The amendment, which is still a part of the Constitution of Colorado 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."[9]

Ballot measure submission[edit]

In 2023, Coloradans for Protecting Reproductive Freedom, the group sponsoring the initiative, filed the amendment with Jena Griswold, the Colorado Secretary of State. Barnett approved the measure for circulation on November 14, 2023.[1] On April 18, 2024, the group submitted some 225,000 signatures, well-over the 124,238 needed to gain ballot access.[10][1] Griswold certified the signatures on May 17, 2024.[1]

Endorsements[edit]

Yes
U.S. Senators
Statewide officials
  • Phil Weiser, 39th Attorney General of Colorado (2019-present) (Democrat)[11]
  • Dave Young, 57th Treasurer of Colorado (2019-present) (Democrat)[11]
U.S. Representatives
State Senators
State Representatives
  • Judy Amabile, state representative from the 49th district (2021–present)[f] (Democrat)[11]
  • Jennifer Bacon, state representative from the 7th district (2021–present) (Democrat)[11]
  • Andrew Boesenecker, state representative from the 53rd district (2021–present) (Democrat)[11]
  • Elisabeth Epps, state representative from the 6th district (2023–present) (Democrat)[11]
  • Eliza Hamrick, state representative from the 61st district (2023–present) (Democrat)[11]
  • Iman Jodeh, state representative from the 41st district (2021–present) (Democrat)[11]
  • Chris Kennedy, Speaker pro tempore of the Colorado House of Representatives and state representative from the 30th district (2017–present)[g] (Democrat)[11]
  • Cathy Kipp, state representative from the 52nd district (2019–present) (Democrat)[11]
  • Javier Mabrey, state representative from the 1st district (2023–present) (Democrat)[11]
  • Julie McCluskie, Speaker of the Colorado House of Representatives and state representative from the 13th district (2019–present)[h] (Democrat)[11]
  • David Ortiz, state representative from the 38th district (2021–present) (Democrat)[11]
  • Emily Sirota, state representative from the 9th district (2019–present) (Democrat)[11]
  • Brianna Titone, state representative from the 27th district (2019–present) (Democrat)[11]
  • Alex Valdez, state representative from the 5th district (2019–present) (Democrat)[11]
  • Elizabeth Velasco, state representative from the 57th district (2023–present) (Democrat)[11]
  • Jenny Willford, state representative from the 34th district (2023–present) (Democrat)[11]
Labor unions
Organizations
No
State Representatives
  • Brandi Bradley, state representative from the 39th district (2023–present) (Republican)[13]
Organizations

Notes[edit]

  1. ^ The amendment does not yet have an official letter. It has been assigned the number 89 until then.[2]
  1. ^ Numbered as the 28th from 2021-2023
  2. ^ Numbered as the 20th from 2019-2023
  3. ^ Numbered as the 29th from 2017-2023
  4. ^ Numbered as the 27th from 2021-2023
  5. ^ Numbered as the 24th from 2019-2023
  6. ^ Numbered as the 13th from 2021-2023
  7. ^ Numbered as the 23rd from 2017-2023
  8. ^ Numbered as the 61st from 2019-2023

References[edit]

  1. ^ a b c d "Right to Abortion". Retrieved 6 June 2024.
  2. ^ "#89 Right to Abortion". Colorado Secretary of State. Retrieved 19 May 2024.
  3. ^ "Colorado Right to Abortion and Health Insurance Coverage Initiative (2024)". Ballotpedia. Retrieved 5 June 2024.
  4. ^ "Right to Abortion" (PDF). Colorado Secretary of State. Retrieved 5 June 2024.
  5. ^ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  6. ^ Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
  7. ^ "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved 2012-10-15. (subscription required)
  8. ^ "Colorado Amendment 3, Prohibit Public Funds for Abortions Initiative (1984)". Ballotpedia. Retrieved 7 June 2024.
  9. ^ "Colorado Constitution & Statutes". Retrieved 7 June 2024.
  10. ^ "Colorado group says it has enough signatures for abortion rights ballot measure this fall". CBS News. April 12, 2024. Retrieved June 6, 2024.
  11. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi "Our Coalition". Coloradans for Protecting Reproductive Freedom. Retrieved June 6, 2024.
  12. ^ @NCJW (June 10, 2024). "We admire the Colorado abortion advocates who, even though Colorado law already protects legal access to abortion, were proactive & worked to make the right permanent with a constitutional ballot initiative" (Tweet) – via Twitter.
  13. ^ Beedle, Heidi (April 15, 2024). "Inaugural March for Life Attacks Colorado Abortion Policy and Prop 89". coloradotimesrecorder.com. Colorado Times Recorder. Retrieved June 13, 2024.
  14. ^ @cocatholicconf (January 18, 2024). "@SenadoraJulie announced Nov. ballot prop to "enshrine abortion" -- "Right to Abortion" initiative will make abortion a "fundamental constitutional right" & allow TAX DOLLARS TO FUND ABORTION by removing the 1984 prohibition on public funding for abortion. #coleg #MarchForLife" (Tweet) – via Twitter.
  15. ^ "MARCH FOR LIFE, PARTNERED WITH PRO LIFE COLORADO ANNOUNCES SPEAKERS FOR THE 2024 COLORADO MARCH FOR LIFE". Retrieved 7 June 2024.