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Democrats eye legislation to enhance abortion protections in Colorado

In the wake of the Supreme Court’s ruling to overturn Roe v. Wade, two Democratic lawmakers said they are moving to enhance abortion protections in Colorado.

Sen. Julie Gonzales, D-Denver, and Rep. Meg Froelich, D-Greenwood Village, said they intend to file legislation to protect Colorado abortion care providers and anyone who seeks abortion care in the state. The title filing — the first step toward creating a bill — happened on Friday hours after the U.S. Supreme Court announced its decision. 

“We’re ready to do the work,” Gonzales said. “We’re not going to wait around for anybody. We’re going to use the power that we have because we have a Democratic majority in Colorado, and we’re beginning to draft legislation to continue to protect access for all Coloradans.”

With Roe v. Wade overturned, regulating abortion becomes a state-by-state issue, with trigger laws set to quickly outlaw all or most abortions in 22 states. In Colorado, policymakers enshrined abortion as a fundamental right under the Reproductive Health Equity Act, which Gov. Jared Polis signed into law in April.

The new law is among the most permissive in the country. Passed in March following a record 23-hour debate, it affirmed in state law the right to choose an abortion or carry a pregnancy to term. Fertilized eggs, embryos and fetuses do not have independent rights under the law, and it prohibits state and local public entities from denying or restricting a person’s right to use or refuse contraception, or to either continue a pregnancy or have an abortion.

Abortion-rights advocates pushed the measure before a draft U.S. Supreme Court opinion showing that five Republican-appointed justices were poised to overturn Roe was leaked to POLITICO, arguing it would serve as a bulwark against any decision by the conservative court. Anti-abortion activists said they plan to sue over the new law, arguing it is overly broad and raises “serious questions” about the conscience rights of doctors, nurses and first responders.

Gonzales said her bill would seek to expand these protections even further.

Though researching and drafting for the bill has just begun, Gonzales said she intends for the bill to address needs that arise as other states outlaw abortion. This could potentially include protecting people from out-of-state who come to Colorado for abortions, expanding capacity so people can access abortions in a timely manner, securing business licenses for abortion providers or helping out-of-state providers transfer to Colorado.

“We’ve been proactive and now that the decision has been rendered overturning Roe v. Wade, it’s now incumbent upon us to act again,” Gonzales said. “Colorado has been and will continue to be a safe haven for anyone seeking abortion care. The question is, how do we protect patients? How do we protect providers?”

This comes as the Democratic domination of the Colorado legislature is at stake, with Republicans potentially positioned to take control of the state Senate during the November election.

All Republican legislators voted against the Reproductive Health Equity Act last session, and some sponsored unsuccessful bills that sought to abolish abortion in Colorado.

In response to Roe v. Wade being overturned, numerous Republican state lawmakers celebrated the news and called for Colorado to ban abortion.

“During the last legislative session, the liberal Democrat majority passed the most extreme pro-abortion law in the United States,” said House Minority Leader Hugh McKean, R-Loveland, in a statement. “In Colorado, we must work together to improve the lives of all Coloradans — those citizens who live and work in our communities now and those yet to be born.”

Some touted the court’s opinion, but quickly pointed out that the ruling doesn’t change the status quo in Colorado.

“While today is a major victory for the pro-life movement,” said Rep. Matt Soper, R-Delta, “unfortunately, it doesn’t change Colorado’s law allowing abortions until a pregnancy comes to term.”       

This means the fate of Gonzales’ bill likely depends on the results of the November election. Regardless of the election’s outcome, Gonzales promised to continue fighting to protect abortion access “for as long as it takes.” 

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