Abortion in Colorado

Abortion in Colorado is legal. 59% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. In 1962, the American Law Institute published their model penal code as it applied to abortions with three circumstances where they believed a physician could justifiably perform an abortion. A version of this was enacted into law in 1967. Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman. The Colorado Amendment 48 initiative was proposed in 2008 jointly by Kristine Burton and Michael Burton of Colorado for Equal Rights. Colorado Right to Life supported the amendment. This abortion restriction law did not pass after it met a lot of opposition. In 2013, 2014, 2015, 2016, 2017 and 2018, the state legislature had attempts to ban abortion that all failed.

The number of abortion clinics in the state have been declining for years, going from 73 in 1982 to 59 in 1992 to 21 in 2014. The slowness of the Medicaid payments in 2016 and low Medicaid reimbursement rates resulted in two Planned Parenthood clinics in Colorado being closed in 2016. Since the start of the 2008 Colorado Family Planning Initiative, the number of abortions performed in the state fell by nearly half for women between the ages of 15 - 19.  For women aged 20 – 24, the rate of abortions declined by 18%.  For teens aged 15 – 19, the birth and abortion rate in Colorado between 2009 and 2014 declined around 50%.  9,453 legal abortions were performed in the state in 2014, with this number decreasing to 8,975 in 2015. In the winter of 1978, two women were injured and one died after trying to self-induce abortions using pennyroyal oil.

There were abortion rights activities in Colorado in May 2019 as part of the #StoptheBans movement.  The state has seen anti-abortion rights violence, including a death following a shooting at a Planned Parenthood clinic in Colorado Springs, Colorado in November 2015.

Terminology
Main article: Abortion

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[1]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[6] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[7]

Context
See also: Abortion in the United States

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 2014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and Ibis Reproductive Health also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[8]

According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[9] According to Megan Donovan, a senior policy manager at the Guttmacher Institute, states have legislation seeking to protect a woman's right to access abortion services have the lowest rates of infant mortality in the United States.[9]

Poor women in the United States had problems paying for menstrual pads and tampons in 2018 and 2019. Almost two-thirds of American women could not pay for them. These were not available through the federal Women, Infants, and Children Program (WIC).[10] Lack of menstrual supplies has an economic impact on poor women.  A study in St. Louis found that 36% had to miss days of work because they lacked adequate menstrual hygiene supplies during their period.  This was on top of the fact that many had other menstrual issues including bleeding, cramps and other menstrual induced health issues.[10] Colorado was one of a majority that taxed essential hygiene products like tampons and menstrual pads as of November 2018.[11][12][13][14]

History

Legislative history

In 1962, the American Law Institute published their model penal code as it applied to abortions with three circumstances where they believed a physician could justifiably perform an abortion, "If ... there is substantial risk that the continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse."  In 1967, Colorado became the first state to apply this into law.[15] In the late 1960s and early 1970s, Arkansas, Colorado, Georgia, Maryland, New Mexico, North Carolina and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed.[16] In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman.[17][18] In 1978, the state of Colorado had set aside Medicaid funding to provide poor women abortions if they needed one.[15] The parents of Becky Bell worked against proposed parental notification laws in Colorado in 1998.[19]

The Colorado Amendment 48 initiative was proposed in 2008 jointly by Kristine Burton and Michael Burton[20] of Colorado for Equal Rights.[21] Colorado Right to Life supported the amendment.[22] There was bipartisan opposition.[23] The text would have said, "Section 31. Person defined. AS USED IN SECTIONS 3, 6, AND 25 OF ARTICLE II OF THE STATE CONSTITUTION, THE TERMS "PERSON" OR "PERSONS" SHALL INCLUDE ANY HUMAN BEING FROM THE MOMENT OF FERTILIZATION."[24] This definition would have applied to all sections of Colorado law, thus giving a fetus the equal rights of life, liberty, and property as a fully developed, born person would.[25]

In 2013, the state was one of five where the legislature introduced a bill that would have banned abortion in almost all cases.  It did not pass.[26] This was repeated in 2014, where Colorado was one of three where the legislature unsuccessful tried to ban abortion. They repeated this in 2015, where the state was one of five.[26] Again, this happened in 2016 where Colorado was one of four where the legislature introduced a bill that would have banned abortion in almost all cases. [26] In 2017, the state was one of six trying to unsuccessfully banning abortion.[26] The next year, Colorado was one of eleven where the legislature introduced a bill that would have banned abortion in almost all cases.  It did not pass.[26] In 2019, women in Colorado were eligible for temporary disability as a result of abortion or miscarriage.[27][28]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[16]

Ballot box history

Colorado Amendment 48 was an initiative in 2008 to amend the definition of a person to "any human being from the moment of fertilization." On November 4, 2008, the initiative was turned down by 73.2 percent of the voters.[29] Colorado Proposition 115 was a 2020 ballot initiative preventing abortion after 22 weeks unless the pregnancy endangered the mother's life. Performing an abortion after 22 weeks would have become a Class 1 misdemeanor. On November 3, 2020 Colorado voters rejected proposition 115, with 59& of voters opposed to the initiative. [30]

Amendment 48[31]
Choice Votes %
No 1,691,165 73.21
Yes 618,761 26.79
Total votes 2,309,926 100.00
Proposition 115 [32]
Choice Votes %
No 1,859,479 58.99
Yes 1,292,787 41.01
Total votes 3,152,266 100.00

Clinic history
Number of abortion clinics in Colorado by year
See also: Abortion clinic

Between 1982 and 1992, the number of abortion clinics in the state decreased by fourteen, going from 73 in 1982 to 59 in 1992.[33] In 2014, there were 21 abortion clinics in the state.[34] In 2014, 78% of the counties in the state did not have an abortion clinic. That year, 27% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[35]

In March 2016, there were 21 Planned Parenthood clinics in the state.[36] After Planned Parenthood of the Rocky Mountains switched from directly billing women to directly billing Medicaid in 2016, they ran into funding bills as Medicaid has low reimbursement rates.  Consequently, they were forced to close two clinics in Colorado and one in Wyoming in July 2017.  [37] In 2017, there were nineteen Planned Parenthood clinics in a state with a population of 1,278,937 women aged 15 – 49 of which eleven offered abortion services.[37]

Statistics

In 1990, 426,000 women in the state faced the risk of an unintended pregnancy.[33] Since the start of the 2008 Colorado Family Planning Initiative, the number of abortions performed in the state fell by nearly half for women between the ages of 15 - 19.  For women aged 20 – 24, the rate of abortions declined by 18%.  For teens aged 15 – 19, the birth and abortion rate in Colorado between 2009 and 2014 declined around 50%.  For women aged 20 – 24, the abortion rate declined by 20%.[38] In 2010, the state had 0 publicly funded abortions.[39] In 2013, among white women aged 15–19, there were  abortions 700, 110 abortions for black women aged 15–19, 470 abortions for Hispanic women aged 15–19, and 90 abortions for women of all other races.[40] In 2014, 59% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[41] In 2017, the state had an infant mortality rate of 4.5 deaths per 1,000 live births.[9] From 2009 to 2017, the rate of teenage abortions in the state fell by 64%.[42]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[43]
Census division and stateNumberRate% change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Mountain69,60063,39067,0202117.918.6–12
Arizona20,60018,12019,31024.119.119.8–18
Colorado19,88015,69018,31023.61820.9–12
Idaho1,7101,5001,6007.25.86.1–15
Montana3,3003,0102,90018.216.215.6–14
Nevada13,30015,60015,45044.246.744.61
New Mexico6,4105,4505,47017.714.414.4–19
Utah3,9403,7403,7009.38.17.8–16
Wyoming4602802804.32.72.7–37
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence% obtained by
out-of-state residents		 YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Colorado 19,880 23.6 [43]
Colorado 15,690 18 [43]
Colorado 18,310 20.9 [43]
Colorado9,4538.714410,6489.816211.32014[44]
Colorado8,9758.113510,1149.115211.32015[45]
Colorado 7,363 6.6 111 8,333 7.4 125 11.4 2016 [46]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Contraceptive history

In 2008, Colorado's  Department of Public Health and Environment was provided with private funds to provide poor women in the state with long-acting reversible contraceptives (LARCs) at little or no cost to them.[38] Since 2009, free, low-cost IUDs resulted in a huge drop in the teenage pregnancy and abortion rate.[42] From 2009 to 2017, the rate of teenage pregnancy in the state fell by 54%.[42]

Deaths and injuries from unsafe or illegal abortions

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[47] During the winter of 1978, three women in less than a month required hospitalization in Denver after consuming pennyroyal oil for the purpose of trying to induce an abortion.  One of these women died.[15]

Abortion rights views and activities
Women's March In Denver in 2017.
Women's March In Denver in 2017.

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[48]

Views

Women in Film Executive Director Kirsten Schaffer said of Georgia and other states similar restrictive abortion bans passed in early 2019, "A woman's right to make choices about her own body is fundamental to her personal and professional well-being. [...] We support people who make the choice not to take their production to Georgia or take a job in Georgia because of the draconian anti-choice law. To that end, we've compiled a list of pro-choice states that offer meaningful tax rebates and production incentives, and encourage everyone to explore these alternatives: California, Colorado, Hawaii, Illinois, Maine, Nevada, New Jersey, New Mexico, New York, Washington."[49]

Anti-abortion views and activities
Abortion protest sign on North Table Mountain outside Denver, during the 2008 Democratic National Convention. The sign reads "Destoys uNborn Children", and is made of sheets sown together. It was a new Guinness World Record for largest protest sign. The sign was constructed by American Right To Life Action.

Violence

An incident of anti-abortion violence occurred at an abortion clinic in Denver, Colorado on August 26, 2003.[50]

Between 1993 and 2015, 11 people were killed at American abortion clinics.[51] On November 29, 2015, a shooting at a Planned Parenthood clinic in Colorado Springs, Colorado, left three dead and several injured, and a suspect Robert L. Dear was apprehended.[52][53][54][18] Police officer and pastor Garrett Swasey, US Iraq War veteran Ke’Arre M. Stewart, and Hawaiian Jennifer Markovsky who was accompanying a friend at the clinic were killed.[51] The suspect had previously acted against other clinics, and referred to himself as a "warrior for the babies" at his hearing.[55][56] Neighbors and former neighbors described the suspect as "reclusive",[52] and police from several states where the suspect resided described a history of run-ins dating from at least 1997.[53] As of December 2015, the trial of the suspect was open;[56] but, on May 11, 2016, the court declared the suspect incompetent to stand trial after a mental evaluation was completed.[57]

Footnotes
  1. According to the Supreme Court's decision in Roe v. Wade:
    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.
    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".

References
  1. Watson, Katie (20 Dec 2019). "Why We Should Stop Using the Term "Elective Abortion"". AMA Journal of Ethics. 20 (12): E1175-1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 17 May 2019.
  2. Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  3. "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  4. Brennan 'Dehumanizing the vulnerable' 2000
  5. Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  6. "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  7. Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  8. Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved 2019-05-27.
  9. "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  10. Mundell, E.J. (January 16, 2019). "Two-Thirds of Poor U.S. Women Can't Afford Menstrual Pads, Tampons: Study". US News & World Report. Retrieved May 26, 2019.
  11. Larimer, Sarah (January 8, 2016). "The 'tampon tax,' explained". The Washington Post. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  12. Bowerman, Mary (July 25, 2016). "The 'tampon tax' and what it means for you". USA Today. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  13. Hillin, Taryn. "These are the U.S. states that tax women for having periods". Splinter. Retrieved 2017-12-15.
  14. "Election Results 2018: Nevada Ballot Questions 1-6". KNTV. Retrieved 2018-11-07.
  15. Tyler, C. W. (1983). "The public health implications of abortion". Annual Review of Public Health. 4: 223–258. doi:10.1146/annurev.pu.04.050183.001255. ISSN 0163-7525. PMID 6860439.
  16. Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  17. "Medicine: Abortion on Request". Time. March 9, 1970. Retrieved 2012-10-15. (subscription required)
  18. Larson, Jordan. "Timeline: The 200-Year Fight for Abortion Access". The Cut. Retrieved 2019-05-25.
  19. Abbot, Karen (October 29, 1998). "Foes of Notification Enlist Grim, Dirty Images". Rocky Mountain News. Denver. p. 11A.
  20. Statement of Sufficiency (pdf). Secretary of State. State of Colorado. May 29, 2008.
  21. Personhood Initiative '08. Colorado for Equal Rights.
  22. Vote Yes on 48 Archived 2017-04-03 at the Wayback Machine. Colorado Right to Life.
  23. Jorgensen, Leslie. Amendment 48: Opposition galvanizes Democrats, Republicans Archived 2008-12-08 at the Wayback Machine. Colorado Statesman. October 10, 2008.
  24. Amendment 48: Definition of Person (pdf). Colorado General Assembly.
  25. Brown, Jennifer. "Personhood" Amendment Fails. Denver Post. November 4, 2008.
  26. Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  27. "U.S. Department of Labor - Employment Protection For Workers Who Are Pregnant Or Nursing". www.dol.gov. Retrieved 2019-05-29.
  28. "Employment Protections For Workers Who Are Pregnant or Nursing". www.dol.gov. Retrieved 2019-05-29.
  29. Election result 2008
  30. https://ballotpedia.org/Colorado_Proposition_115,_22-Week_Abortion_Ban_Initiative_(2020)
  31. "Canvass Results - General Election 2008". Secretary of State of Colorado. Archived from the original on 2009-04-30. Retrieved 2009-06-24.
  32. https://results.enr.clarityelections.com/CO/105975/web.264614/#/summary
  33. Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  34. Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.
  35. businessinsider (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Retrieved 2019-05-24.
  36. Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved 2019-05-24.
  37. "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  38. "Abortion is at the top of the political agenda. Here are a few facts". NBC News. Retrieved 2019-05-22.
  39. "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  40. "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
  41. "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved 2019-05-23.
  42. "IUD program leads to big decline in teen pregnancies, abortions in Colorado". The Denver Post. 2017-12-01. Retrieved 2019-05-28.
  43. "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  44. Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMID 29166366.
  45. Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  46. Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMID 31774741.
  47. Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  48. Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved 2019-05-25.
  49. Low, Matt Donnelly,Gene Maddaus,Elaine; Donnelly, Matt; Maddaus, Gene; Low, Elaine (2019-05-28). "Netflix the Only Hollywood Studio to Speak Out in Attack Against Abortion Rights (EXCLUSIVE)". Variety. Retrieved 2019-06-02.
  50. Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
  51. Stack, Liam (2015-11-29). "A Brief History of Deadly Attacks on Abortion Providers". The New York Times. ISSN 0362-4331. Retrieved 2019-05-23.
  52. reports, Tribune wire. "'No more baby parts': Reclusive suspect's words draw focus". courant.com. Retrieved 2019-05-22.
  53. reports, Tribune wire. "What's known about suspect in Planned Parenthood shooting". courant.com. Retrieved 2019-05-22.
  54. Fausset, Richard (2015-12-01). "For Robert Dear, Religion and Rage Before Planned Parenthood Attack". The New York Times. ISSN 0362-4331. Retrieved 2019-05-22.
  55. Gurman, Sadie (December 9, 2015). "Planned Parenthood suspect: 'I am a warrior for the babies'". Yahoo News. Associated Press. Retrieved January 18, 2016.
  56. Kevin Conlon, Greg Botelho and Pamela Brown. "Source: Colorado shooting suspect spoke of 'baby parts'". CNN. Retrieved 2019-05-22.
  57. Hughes, Trevor (May 11, 2016). "Planned Parenthood shooting suspect found incompetent to stand tria l". USA Today. Retrieved May 11, 2016.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.