On Feb. 22, the Supreme Court said that it will review Trump-era restrictions on abortion referrals. This decision comes after indication from the Biden administration that they plan to roll back those policies.
The restriction prevented federal funding from reaching clinics that referred patients for abortion. A New York Times article written by Adam Liptak provides that the abortion referrals are related to Title X, a program that provides assistance for poor women and gives them access to resources such as cancer screening and birth control. In essence, the clinics receiving money from the program could not refer patients for abortions.
As a result, Planned Parenthood withdrew from the program and there were continued efforts to overturn abortion restrictions in certain states. Some were successful, yet none were able to reverse Trump’s legislation.
In January, President Biden signed a memorandum to reverse Trump’s restrictions, but this document has no concrete effect on current policy. The memorandum is Biden’s way of saying to the public that his administration is working towards changing the current regulations.
Abortion is regulated by national and state governments, all with varying degrees of strictness in terms of abortion rights. Laws pertaining to abortion on a state level dictate who performs the operation and where it must be performed, gestation at the time of the abortion, public funding and private insurance coverage.
“Colorado could be considered a safe haven for those seeking abortion. Unfortunately, Colorado is surrounded by states with limited access—Texas being the most restrictive,” said Alison Macklin, Senior Policy Advisor for the Sexuality Information and Education Council of the United States.
Although abortion is legal in Colorado, Macklin made note of three restrictions in place.
“There is a parental notification requirement; public employees cannot use their state-paid insurance to pay for an abortion; public funds can only be used for an abortion in cases of rape and incest and [when there are] maternal mortality concerns,” Macklin said.
Senator Rhonda Fields, chair member of Health and Human Services, noted, “Colorado is one of the few states where a late-term abortion can be obtained, up to 26 weeks. In cases where there are severe, significant medical problems of the fetus, medically-indicated termination is allowed up to 34 weeks. Generally speaking, Colorado is one of the states that place the least amount of restrictions on abortions but also has very few codified protections.”
Some states have far more limiting restrictions, including laws in which the patient must have an ultrasound 24 hours prior to the procedure where the physician explains the image. Other laws which are common in many states include limits on when the abortion can be performed based on the time of gestation.
In Texas, an abortion can only be performed past 20 weeks of fertilization if the patient’s life is endangered or the fetus has compromised anatomy. Texas along with Alabama, Florida and Kentucky are a few amongst many states that have stringent restrictions on abortion.
In the years past, there have been efforts to pass more restrictive laws in Colorado. Most recently, this included Proposition 115. If passed, it would have prohibited abortions after a 22-week gestational period in Colorado.
“Anti-choice organizations have, every year since I have worked in this field [almost 17 years], tried to pass legislation restricting abortion,” stated Macklin. “Anti-choice groups have tried to pass ballot measures [constitutional amendments] that would limit abortion access. Resoundingly, these measures have been defeated. In 2020, Proposition 115 was soundly defeated.”
Even as new abortion laws are passed and old ones are struck down, the topic remains a controversial topic.
From her professional experience, Macklin stated: “I think that it comes down to a belief, often founded in religious doctrine, that life begins at conception. This life becomes more valued than the woman who is experiencing the pregnancy and therefore puts that woman in a category of ‘less than.’ A woman is then only valued for her ability to bear children.”
It is evident that discussion of this issue will continue, and the regulations surrounding it are subject to change as society and politics evolve as well.
The Supreme Court is still in the process of scheduling the case to review Trump’s abortion restrictions. Further updates on abortion laws by state can be found on the Guttmacher Institute website.
