With legal late-term abortions, few perfunctory procedural roadblocks and a “bubble bill” that protects women from harassment outside of clinics, Colorado currently has some of the most progressive abortion legislation in the U.S.
While access is still an issue in rural parts of the state and medicaid insurance is only applied in limited cases, Colorado remains a destination for procedure-seeking residents of conservative states in the West and Midwest. Boulder is home to one of four doctors in the U.S. who will perform third-trimester abortions, drawing people to travel from as far as New York.
In addition to providing third-trimester abortions, Colorado clinics have remained open during the COVID-19 pandemic. As clinics in states like Texas have shut down due to their “unessential” status, more out-of-staters have sought procedures from Colorado clinics.
The right to an abortion in Colorado is still reliant on the 1973 Roe v. Wade court case. For nearly 50 years, this ruling has protected abortion during the first trimester under the 14th Amendment, citing an individual’s right to privacy. However, recent years have seen an unprecedented rollback of abortion accessibility and rights in states like Alabama, Georgia, Kentucky and Arkansas.
This has been made possible by consolidation of the pro-life movement and pervasive strategies that aim to block access to abortion without explicitly banning it.
The appointment of Amy Coney Barrett to the Supreme Court last year further endangered the right to choose in the U.S by establishing a conservative supermajority of six out of nine Supreme Court justices. This has pushed many conservative state legislators to pass bans that directly conflict with Roe v. Wade in the hopes that they will eventually reach the Supreme Court.
Despite Colorado’s lack of restrictions on the procedure, the constitution does not explicitly protect it. With 18 operational clinics, access is likely to remain somewhat open. But without legal protection, it is unclear how other aspects of the process would be able to continue.
Much of Colorado’s protective legislation—such as the lack of a waiting period and spousal consent requirement, as well as protection from harassment outside of clinics—would likely be weakened significantly.
But what is certain is Colorado voters’ commitment to abortion rights. In state elections last year, nearly 60% of Coloradans voted against a proposition to ban abortion over 22 weeks.
While the state does not currently have legislation strong enough to defend those who need or want abortions in the absence of Roe v. Wade, it does have the public support to pass legislation of that level and nature in the future. To effectively protect those seeking an abortion both in and around Colorado, we need to capitalize on this public support.
The existing protections of Roe v. Wade cannot be taken for granted, especially with a conservative supermajority in the Supreme Court and a nationwide surge in pro-life movements and legislation. Colorado must pass legislation explicitly legalizing abortion before these forces render such a move impossible.
