One ballot question, the Colorado Right to Abortion and Health Insurance Coverage Initiative (Proposed Initiative #89), will be decided by Colorado voters in the Nov. 5 election. If approved, it would elevate abortion rights from a statutory level to being enshrined in Colorado’s constitution.
A bit of history
In 1984, Colorado voters narrowly passed a constitutional amendment (50.39% in favor, 49.61% opposed) that barred the use of public funds for abortion services, thereby restricting taxpayer dollars from covering abortion costs under public insurance plans and affecting state and local government employees.
The Reproductive Health Equity Act (RHEA), passed by the Colorado legislature in April 2022, guaranteed the right to reproductive health care, including abortion. It affirmed an individual’s right to use or refuse contraception and to continue or terminate a pregnancy without government interference.
The U.S. Supreme Court’s June 2022 ruling in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, determining that there is no federal constitutional right to abortion, effectively returning abortion policy decisions to the states.
In 2023, the passage of Colorado Senate Bill 23-189 (SB23-189) permitted Medicaid funds to be used for abortions, expanding access for low-income women.
Support for Initiative #89
Coloradans for Protecting Reproductive Freedom (CPRF) is supporting the ballot measure to establish a constitutional right to abortion in Colorado. Erika Gulija, the coalition’s spokesperson, argues that this initiative would dismantle long-standing barriers that hinder access to essential reproductive healthcare services.
“Despite our coalition’s long history of defeating abortion bans at the ballot box and expanding access through the legislative process, barriers to care still remain,” Gulija asserted. She emphasized that Colorado’s current constitutional prohibition prevents public employees and individuals from having public insurance coverage, including Medicare, a legacy from the 1984 constitutional amendment.
Currently, 14 states have total abortion bans. With the potential threats of repeal, coming from legislative actions, legal challenges or shifts in political power, Gulija emphasized the importance of codifying abortion rights in the state constitution. “We must remove barriers to care in Colorado and anchor abortion rights in the state constitution so a future legislature cannot repeal them,” she said.
Gulija outlined a comprehensive strategy to mobilize voters, employing door-to-door canvassing, community outreach and digital campaigns to highlight the personal stories of those affected by current restrictions. “Voters likely know someone who can’t get the care they need in Colorado,” she said.
Opposition to Initiative #89
Brittany Vessely, a board member of Pro-Life Colorado and the director of the Colorado Catholic Conference, raised concerns about Initiative #89, arguing that the measure allows for unrestricted elective abortions. She also highlighted that the initiative would remove the 1984 constitutional amendment prohibiting taxpayer dollars from subsidizing abortions, which she underscored “goes far beyond Roe v. Wade.”
Pro-Life Colorado, a coalition of more than 50 pro-life organizations, including pregnancy resource centers, was formed in 2022 in response to the passage of RHEA.
Vessely explained that Initiative #89 would allow the Colorado legislature to allocate state general revenue funds directly for abortions and potentially include services for out-of-state women. She pointed out that only four states — California, Massachusetts, New York and Oregon — currently allow for taxpayer-subsidized abortion.
“Oregon, just last year, allocated $15 million annually for abortions for out-of-state women. It comes straight out of the general revenue fund. That’s taxpayer dollars, and that’s not clear in the current language of Initiative #89,” she explained.
Currently, SB23-189 allows Medicaid funds to be used for abortions in Colorado, allowing low-income women access to abortion. “The talking point that there are women who are excluded from getting abortions in Colorado and the need to have a direct tax subsidy through the general revenue fund is a moot point given the current status of SB23-189,” Vessely stated.
Colorado voters will decide
As Colorado prepares for a decision in November, the stakes are clear: Gulija believes that anchoring abortion rights in the state constitution is imperative to safeguard against future legislative challenges that could revoke those rights. Conversely, Vessely and Pro-Life Colorado coalition members view the measure as a threat to the sanctity of life and a strain on taxpayer funds.
“Taxpayer dollars will go up by zero dollars with proposed Initiative #89,” Gulija refuted. “If this measure increases overall state spending significantly, voters would have to approve that expansion of the state budget and/or new taxes to provide the revenue for those expenditures. But that is not what will happen under this measure; therefore this measure won’t trigger any state tax increase.”
What is certain is that the outcome of this ballot measure will shape the future of reproductive rights in Colorado.