Restrictions

Colorado law limits public funding for abortion.^[1]Colo. Rev. Stat. §§ 25.5-3-106, 25.5-4-415; 10 Colo. Code Regs. § 2505-10:8.770.4.A.; Colo. Const. art. V, § 50, narrowed by Hern v. Beye, 57 F.3d 906, 913 (10th Cir. 1995) (“In sum, we find … Continue reading The state generally requires that parents or legal guardians be notified about a minor’s abortion;^[2]COLO. REV. STAT. § 13-22-704. alternatively, a judge can approve a minor’s petition without parental notification.^[3]Id. § 13-22-707.

On November 3, 2020, voters rejected a ballot initiative that would have prohibited abortion after 22 weeks LMP.^[4]End Late Term Abortions in Colorado, CO SEC’Y OF STATE

Colorado law requires abortion providers to submit reports to the state.^[5]COLO. CODE REGS. § 1006-1:10. Providers who violate Colorado’s abortion restrictions may face civil penalties.^[6]See, e.g., COLO. REV. STAT. § 13-22-706.

State Protections

In 2024, Colorado voters approved a ballot initiative that amends the state constitution to recognize abortion as a constitutional right in Colorado and end the existing constitutional ban on state and local government insurance plans covering abortion services.^[7]Initiative 89, CO Sec’y of State, https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2023-2024/89Final.pdf. Sarah Kyle, 2024 election results: Colorado ballot measures on … Continue reading The Colorado Constitution now reads “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.” ^[8]Co. Const. Art. II, § 32

In 2022, Colorado enacted a statutory protection for abortion as a fundamental right,^[9]Colo. Rev. Stat. §§ 25-6-401—25-6-406. which states: (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.  The state does not restrict the type of health-care practitioner who can provide abortion care. Colorado law includes protections for clinic safety or access by prohibiting obstruction and creating a buffer zone.^[10]Id. § 18-9-122; upheld in Hill v. Colorado, 530 U.S. 703 (2000). Colorado requires private insurance plans to cover the total cost of abortion care.^[11]Colo. Rev. Stat. § 10-16-104. Crisis pregnancy centers the provide medically inaccurate information about medication abortion can face discipline from the state.^[12]Id. § 12-30-120.

Colorado law includes interstate shield protections. In 2022, the governor of Colorado signed an executive order that 1) prohibits state agencies from cooperating with out-of-state investigations and legal actions that arise from the provision of reproductive health care legal in Colorado unless pursuant to a court order; 2) directs the Colorado Department of Regulatory Agencies to work with boards of professional licensure to protect providers from out-of-state sanctions; and 3) confirms that he will exercise discretion to decline requests for the arrest, surrender, or extradition of persons charged with crimes related to reproductive health care.^[13]C.O. Exec. Order, No. D-2022-032 (July 6, 2022) On April 14, 2023, Colorado enacted an interstate shield law that 1) protects providers from criminal, civil, licensure and insurance consequences if they provide medication abortion care across state lines and 2) prohibits government resources from being used on out-of-state investigations and legal actions that arise from the provision of reproductive healthcare legal in Colorado.^[14] Id. § 12-30-121 et. seq.

Post-Roe Prohibitions

Colorado repealed its pre-Roe ban in 2013.^[15]COLO. REV. STAT. §§ 18-6-101 to 18-6-105,12-32-107(3)(m), 12-36-117(1)(b), 25-1-1202(1)(ee), 30-10-606(1)(d) repealed by 2013 Laws, ch. 372, §3, p. 2192.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Colorado. In 2022, Colorado enacted a statutory protection for abortion as a fundamental right and, in 2023, enacted a package of laws to expand access. In 2024, voters amended the Colorado Constitution to protect abortion rights.