Last week, Colorado Governor Jared Polis signed various healthcare bills covering abortion and gender-affirming care for minors. The intention of Polis and Democratic leaders in Colorado was to separate themselves from neighboring states who have either restricted abortion access or transgender care.
The bordering state of Oklahoma currently has two bills that limit gender-affirming care, with one prohibiting healthcare professionals from performing certain treatments and operations while another imposes criminal sanctions if such practices are recieved. Alongside Oklahoma, 45 other bills have been introduced in states around the country that restrict or ban gender-affirming care, including neighboring Utah and Wyoming.
A year prior to the bill signings, Polis issued an executive order that barred in-state agencies from cooperating with out-of-state agencies on investigations into women who sought an abortion in Colorado. Along with the executive order, Polis also signed into law a bill that prohibited the state and individuals from deterring or discriminating against a woman’s right to have an abortion or use contraceptives
One of the three recently signed into law also prohibited court summons, subpoenas and search warrants from states that allow abortion to be prosecuted. This also applies to those seeking gender-affirming care. A second bill, Senate Bill 189, requires large employer insurance plans to cover the cost of abortion without deductibles, copayments or coinsurance. This policy does not come into effect until Jan. 1, 2025. The third bill, Senate Bill 190, prohibits false advertising around abortion, specifically targeting crisis pregnancy centers that have historically utilized deceptive advertising to falsely claim they offer abortion services or Plan B.
Colorado joins Illinois as being one of the most recent states to sign progressive legislation regarding abortion and transgender care. Similarly, Illinois prohibits cooperation with out-of-state agencies that seek to prosecute abortion seekers while also protecting the licenses of healthcare providers who had their licenses revoked in states that have banned or heavily restricted abortion.
The laws passed in Colorado add to an already messy map of abortion policy following the end of Roe v. Wade. Currently, thirteen states have complete or six-week bans on abortion. More states have passed similar bans, but such laws have been blocked by the states’ Supreme Courts, including Arizona and Montana.
25 states have codified the legality of abortion following the Dobbs decision with most of them, including Colorado, having added additional protections as detailed previously. In addition to abortion access, abortion pill access also remains muddy. On April 21, the Supreme Court preserved access to the abortion medication, Mifepristone, until legal appeals play out in the lower courts. This temporarily prevents a chaotic change in how abortion medication is mailed and approved by the Federal Drug Administration (FDA), with a decision from the Supreme Court coming next year at the earliest.
Ultimately, Colorado’s new laws regarding abortion and gender-affirming care add to an already mosaic of laws and policies that differ on a state-by-state basis with some comparing the situation to the varying laws on same-sex marriage prior to Obergefell v. Hodges.
