[UPDATED on Sept. 27]
Colorado voters are deciding a ballot question that seeks to limit how far into pregnancy an abortion can be legally performed. While the measure would change the law only in Colorado, it would resonate throughout the Rocky Mountain states and Midwest amid an intensifying national fight, fueled by a Supreme Court vacancy, over the future of abortion.
In 1967 鈥 six years before the Supreme Court鈥檚 Roe v. Wade decision protected the right to an abortion in the U.S. 鈥 Colorado became the first state to pass a law . More than 50 years later, it remains one of just seven states without gestational limits on the procedure, making Colorado one of the few options for people nationwide who need abortions later in pregnancy.
seeks to change that. It would outlaw abortion in the state after 22 weeks. The proposition makes an exception to save the life of the pregnant person, but none for cases of rape or incest or to protect the health of the pregnant individual or fetus.
But the impact of the measure also would be felt by neighboring states where people have little or no access to abortion. , vice president of reproductive rights at the left-leaning policy group , called the surrounding region an abortion desert.
鈥淐olorado really plays an important role in the region in being a haven for access for people who live in those highly restrictive states, some of which neighbor us, like Kansas, Nebraska 鈥 that whole swath of the Midwest from the Dakotas on down to Texas,鈥 Baden said.
A study published in the in 2018 found the Midwest has fewer abortion clinics per capita than any other U.S. region, with
Colorado providers have stepped in, and approximately . A billboard on Interstate 70 welcomed visitors from Utah with the message 鈥淲elcome to Colorado, where you can get a safe, legal abortion.鈥
Colorado voters have rejected three abortion-related ballot measures since 2008, which advocates pointed to as evidence that the state鈥檚 residents are fine with the status quo.
鈥淐olorado has already voted on ridiculous abortion restrictions multiple times and said, 鈥榃e don鈥檛 want them.鈥 It鈥檚 insulting that these extremists keep trying,鈥 said Whitney Woods, speaking on her own behalf while on maternity leave from .
Over the past decade, however, those measures have been rejected by smaller and smaller margins, said Bob Enyart, a spokesperson for聽聽鈥 an anti-abortion group that opposes Proposition 115 because it doesn鈥檛 go far enough to end the practice.
鈥淐oloradoans increasingly voted to recognize each unborn child as a person from 2008 to 2010 to 2014,鈥 said Enyart.
Indeed, , which proposed redefining personhood in the state constitution as starting at conception, received support from 27% of voters. Six years later, that support grew to 35% for .
A by 9News in Denver and Colorado Politics showed that voters are more evenly divided about the new proposition, with 45% saying they鈥檒l vote no, 42% planning to vote yes, and a crucial 13% still undecided.
Randi Davis, a mom in Aurora, is one voter whose own experience illustrates how personal and nuanced the question can be. When she was pregnant, Davis was advised to have an abortion, as her baby鈥檚 odds of survival were slim to none. She said she opted against abortion and went on to give birth to a full-term stillborn baby.
鈥淚'm not necessarily for abortion,鈥 Davis said. 鈥淗owever, I do believe every woman should have their own choice to abort for whatever reason.鈥
She said she鈥檚 voting against the proposition.
Dr. Thomas Perille heads the medical advisory team for the Coalition for Women and Children (also known as), the group that petitioned to put Proposition 115 on the ballot and calls abortions later in pregnancy 鈥渢oo extreme.鈥 Perille contends the new proposition 鈥渂ears no relation鈥 to the previous measures, giving it a better chance of passing.
鈥淭hose were bans on abortion, and Prop 115 is a reasonable restriction of abortion after fetal viability,鈥 he said.
Abortion-rights activists worry that bans of abortions after the first trimester aim to gradually shift public opinion and gain traction to fully outlaw the procedure.
鈥淭hey're hoping that they can slide this under the radar and really cast it as a compromise between anti-abortion and pro-choice voters,鈥 said Fawn Bolak, spokesperson for . 鈥淏ut that鈥檚 not what this is. This is a violation of Roe v. Wade.鈥
Perille said that, while first-trimester abortions are 鈥渞elatively safe,鈥 late abortions pose a 鈥渟ubstantial risk鈥 to the people having them. Advocates for the initiative said studies show the risk of death to the pregnant person from an abortion increases with each week of gestation.
Opponents point to another study that shows and pose less of a threat to pregnant people鈥檚 lives than childbirth.
Colorado isn鈥檛 the only state voting on an abortion initiative this election cycle. Voters in Louisiana are considering that says nothing in the state constitution can be interpreted as protecting a right to, or requiring funding of, abortion.
The measure鈥檚 advocates say that, if Roe v. Wade is overturned, the legality of abortion in Louisiana would be up to state lawmakers. Opponents say the measure, if it passes, would eliminate legal access to abortion in the state if Roe v. Wade is dismantled.
"Constitutions are supposed to be about preserving and enshrining freedom, but this amendment takes away freedom and rights while allowing the government to tell people what they can and cannot do with their body," said Michelle Erenberg, executive director for, a group that advocates for abortion rights.
Abortion-rights advocates also point out that Louisiana passed its own 22-week abortion ban a decade ago, and worry that Colorado could follow a similar path toward even greater restrictions.
The decisions before voters in Colorado and Louisiana come amid renewed attention nationwide on abortions since Supreme Court Justice Ruth Bader Ginsberg鈥檚 death last month. Senate Republicans are now pushing through President Donald Trump鈥檚 nominee, Judge Amy Coney Barrett. That has led voters and activists on both sides of the issue to become heavily focused on what Barrett鈥檚 appointment could mean for the future of Roe v. Wade.
Abortion opponents contend it鈥檚 not clear that Barrett鈥檚 confirmation would doom Roe.
鈥淲e have seen no evidence that Amy Coney Barrett has ever recognized that the unborn child is a person or has a right to life,鈥 Enyart said. 鈥淲e are concerned that she may disagree with the Roe opinion merely as a matter of process, not morality.鈥
But on Barrett鈥檚 previous involvement with an anti-abortion organization, noting she signed a newspaper ad that called which put abortion-rights advocates on edge.
, who helped pass New York鈥檚 Reproductive Health Act, said she is concerned but added that these new threats to abortion rights have become a rallying point for advocates.
Baden agreed, saying the renewed energy is particularly strong locally.
鈥淲e need to turn to the state level, and do whatever we can to prepare for what might come one day, be it from the Supreme Court or from another Trump executive order, or something else coming,鈥 she said. 鈥Roe is the floor, not the ceiling, right?鈥
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