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2024 Colorado Amendment 79

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Amendment 79

November 5, 2024

Constitutional Right to Abortion[1][2]
Results
Choice
Votes %
Yes 1,921,593 61.97%
No 1,179,261 38.03%
Total votes 3,100,854 100.00%

2024 Colorado Amendment 79 was a constitutional amendment that appeared on the November 5, 2024 ballot. The amendment established a right to abortion in the Constitution of Colorado and repealed a constitutional ban on public funding for abortions. The amendment passed, surpassing the 55% supermajority vote required for the amendment to be approved.[3]

Text

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In the Colorado Constitution, Article II is amended by the addition of a new section 32 as follows:[4]

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.

Background

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Colorado's abortion laws

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In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[5] Colorado's first ban on abortion was passed in 1861.[6] It read:

“[E]very person who shall administer substance or liquid, or who shall use or cause to be used any instrument, of whatsoever kind, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, and fined in a sum not exceeding one thousand dollars; and if any woman, by reason of such treatment, shall die, the person or persons administering, or causing to be administered, such poison, substance or liquid, or using or causing to be used, any instrument, as aforesaid, shall be deemed guilty of manslaughter, and if convicted, be punished accordingly.”

In 1967, Colorado decriminalized abortions in cases of rape, incest, or in which a pregnant woman would be permanently disabled as a result.[7] Despite adopting what was considered a more progressive law, elective abortions were still illegal under state law.

1984 Colorado Amendment 3

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In 1984, Colorado voters narrowly approved Amendment 3.[8] The amendment effectively banned the usage of public funding for abortions except in certain circumstances. The amendment, which is still a part of the Constitution of Colorado, reads:

"No public funds shall be used by the State of Colorado, its agencies or political subdivisions, to pay, or otherwise reimburse, either directly or indirectly, any person, agency, or facility for the performance of any induced abortion, PROVIDED HOWEVER, that the General Assembly, by specific bill, may authorize, and appropriate, funds to be used for those medical services necessary to prevent the death of either a pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each."[9]

Ballot measure submission

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In 2023, Coloradans for Protecting Reproductive Freedom, the group sponsoring the initiative, filed the amendment with Jena Griswold, the Colorado Secretary of State. The measure was approved for circulation on November 14, 2023.[1] On April 18, 2024, the group submitted some 225,000 signatures, well over the 124,238 needed to gain ballot access.[10][1] Griswold certified the signatures on May 17, 2024.[1]

Endorsements

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Yes

U.S. Senators

Statewide officials

  • Phil Weiser, 39th Attorney General of Colorado (2019-present) (Democrat)[11]
  • Dave Young, 57th Treasurer of Colorado (2019-present) (Democrat)[11]

U.S. Representatives

State Senators

  • 19 Democratic state senators[11]

State Representatives

  • 31 Democratic state representatives[11]

Labor unions

Organizations

No

State Representatives

  • Brandi Bradley, state representative from the 39th district (2023–present) (Republican)[14]

Organizations

Results

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Amendment 79[2]
Choice Votes %
Referendum passed Yes 1,921,593 61.97
No 1,179,261 38.03
Total votes 3,100,854 100.00

Results by county

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County For Against Margin Total votes cast
# % # % # %
Adams 137,794 62.01% 84,405 37.99% 53,389 24.03% 222,199
Alamosa 3,615 50.99% 3,475 49.01% 140 1.97% 7,090
Arapahoe 206,611 65.36% 109,490 34.64% 97,121 30.72% 316,101
Archuleta 4,625 51.59% 4,340 48.41% 285 3.18% 8,965
Baca 472 24.62% 1,445 75.38% -973 -50.76% 1,917
Bent 883 41.77% 1,231 58.23% -348 -16.46% 2,114
Boulder 153,538 80.43% 37,361 19.57% 116,177 60.86% 190,899
Broomfield 31,547 68.98% 14,185 31.02% 17,362 37.96% 45,732
Chaffee 8,864 62.83% 5,244 37.17% 3,620 25.66% 14,108
Cheyenne 217 21.11% 811 78.89% -594 -57.78% 1,028
Clear Creek 3,963 67.04% 1,948 32.96% 2,015 34.09% 5,911
Conejos 1,526 38.26% 2,462 61.74% -936 -23.47% 3,988
Costilla 1,097 56.11% 858 43.89% 239 12.23% 1,955
Crowley 613 36.95% 1,046 63.05% -433 -26.10% 1,659
Custer 1,528 40.38% 2,256 59.62% -728 -19.24% 3,784
Delta 8,124 42.76% 10,877 57.24% -2,753 -14.49% 19,001
Denver 283,105 80.80% 67,286 19.20% 215,819 61.59% 350,391
Dolores 505 37.16% 854 62.84% -349 -25.68% 1,359
Douglas 129,390 54.49% 108,063 45.51% 21,327 8.98% 237,453
Eagle 19,284 71.67% 7,623 28.33% 11,661 43.34% 26,907
El Paso 193,839 51.98% 179,080 48.02% 14,759 3.96% 372,919
Elbert 7,346 36.87% 12,580 63.13% -5,234 -26.27% 19,926
Fremont 10,907 43.67% 14,067 56.33% -3,160 -12.65% 24,974
Garfield 17,948 60.73% 11,605 39.27% 6,343 21.46% 29,553
Gilpin 2,656 65.79% 1,381 34.21% 1,275 31.58% 4,037
Grand 5,805 59.86% 3,893 40.14% 1,912 19.72% 9,698
Gunnison 7,668 71.91% 2,996 28.09% 4,672 43.81% 10,664
Hinsdale 322 54.67% 267 45.33% 55 9.34% 589
Huerfano 2,327 54.08% 1,976 45.92% 351 8.16% 4,303
Jackson 330 41.10% 473 58.90% -143 -17.81% 803
Jefferson 232,101 65.38% 122,900 34.62% 109,201 30.76% 355,001
Kiowa 238 28.85% 587 71.15% -349 -42.30% 825
Kit Carson 980 27.54% 2,579 72.46% -1,599 -44.93% 3,559
La Plata 23,314 67.21% 11,373 32.79% 11,941 34.43% 34,687
Lake 2,555 67.40% 1,236 32.60% 1,319 34.79% 3,791
Larimer 140,284 64.09% 78,593 35.91% 61,691 28.19% 218,877
Las Animas 3,828 51.10% 3,663 48.90% 165 2.20% 7,491
Lincoln 847 33.68% 1,668 66.32% -821 -32.64% 2,515
Logan 3,448 34.96% 6,416 65.04% -2,968 -30.09% 9,864
Mesa 43,084 48.21% 46,279 51.79% -3,195 -3.58% 89,363
Mineral 389 53.80% 334 46.20% 55 7.61% 723
Moffat 2,464 38.53% 3,931 61.47% -1,467 -22.94% 6,395
Montezuma 7,119 48.83% 7,460 51.17% -341 -2.34% 14,579
Montrose 10,815 43.18% 14,231 56.82% -3,416 -13.64% 25,046
Morgan 5,018 38.48% 8,024 61.52% -3,006 -23.05% 13,042
Otero 3,829 43.92% 4,890 56.08% -1,061 -12.17% 8,719
Ouray 2,642 65.87% 1,369 34.13% 1,273 31.74% 4,011
Park 6,238 52.65% 5,610 47.35% 628 5.30% 11,848
Phillips 641 28.65% 1,596 71.35% -955 -42.69% 2,237
Pitkin 8,797 82.01% 1,930 17.99% 6,867 64.02% 10,727
Prowers 1,758 35.32% 3,220 64.68% -1,462 -29.37% 4,978
Pueblo 44,162 53.50% 38,381 46.50% 5,781 7.00% 82,543
Rio Blanco 1,136 31.87% 2,429 68.13% -1,293 -36.27% 3,565
Rio Grande 2,652 43.83% 3,399 56.17% -747 -12.35% 6,051
Routt 11,623 72.72% 4,360 27.28% 7,263 45.44% 15,983
Saguache 1,911 59.18% 1,318 40.82% 593 18.36% 3,229
San Juan 395 73.69% 141 26.31% 254 47.39% 536
San Miguel 3,771 81.08% 880 18.92% 2,891 62.16% 4,651
Sedgwick 465 36.05% 825 63.95% -360 -27.91% 1,290
Summit 12,816 75.52% 4,154 24.48% 8,662 51.04% 16,970
Teller 6,696 41.81% 9,319 58.19% -2,623 -16.38% 16,015
Washington 677 24.84% 2,048 75.16% -1,371 -50.31% 2,725
Weld 87,153 49.96% 87,302 50.04% -149 -0.09% 174,455
Yuma 1,298 28.62% 3,238 71.38% -1,940 -42.77% 4,536
Total 1,921,593 61.97% 1,179,261 38.03% 742,332 23.94% 3,100,854

See also

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Notes

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References

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  1. ^ a b c d "Right to Abortion". Retrieved June 6, 2024.
  2. ^ a b "Results". Colorado Secretary of State. Retrieved December 3, 2024.
  3. ^ "Colorado Right to Abortion and Health Insurance Coverage Initiative (2024)". Ballotpedia. Retrieved June 5, 2024.
  4. ^ "Right to Abortion" (PDF). Colorado Secretary of State. Retrieved June 5, 2024.
  5. ^ Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  6. ^ Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
  7. ^ "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved October 15, 2012. (subscription required)
  8. ^ "Colorado Amendment 3, Prohibit Public Funds for Abortions Initiative (1984)". Ballotpedia. Retrieved June 7, 2024.
  9. ^ "Colorado Constitution & Statutes". Retrieved June 7, 2024.
  10. ^ "Colorado group says it has enough signatures for abortion rights ballot measure this fall". CBS News. April 12, 2024. Retrieved June 6, 2024.
  11. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae "Our Coalition". Coloradans for Protecting Reproductive Freedom. Retrieved June 6, 2024.
  12. ^ "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
  13. ^ @NCJW (June 10, 2024). "We admire the Colorado abortion advocates who, even though Colorado law already protects legal access to abortion, were proactive & worked to make the right permanent with a constitutional ballot initiative" (Tweet) – via Twitter.
  14. ^ Beedle, Heidi (April 15, 2024). "Inaugural March for Life Attacks Colorado Abortion Policy and Prop 89". coloradotimesrecorder.com. Colorado Times Recorder. Retrieved June 13, 2024.
  15. ^ @cocatholicconf (January 18, 2024). "@SenadoraJulie announced Nov. ballot prop to "enshrine abortion" -- "Right to Abortion" initiative will make abortion a "fundamental constitutional right" & allow TAX DOLLARS TO FUND ABORTION by removing the 1984 prohibition on public funding for abortion. #coleg #MarchForLife" (Tweet) – via Twitter.
  16. ^ "2024 COLORADO BALLOT QUESTIONS". Colorado Republican Party. Retrieved October 17, 2024.
  17. ^ "MARCH FOR LIFE, PARTNERED WITH PRO LIFE COLORADO ANNOUNCES SPEAKERS FOR THE 2024 COLORADO MARCH FOR LIFE". March 25, 2024. Retrieved June 7, 2024.