Abortion is a hot topic in the November election at multiple levels, but particularly on the Colorado ballot, which features Amendment 79 — a proposed change that would enshrine the state’s abortion protections in the state constitution.
The fate of abortion access is currently determined by the states following the 2022 overturning of Roe v. Wade — which, for decades, had established a baseline right to abortion — by the U.S. Supreme Court. Our ongoing Voter Voices survey with other Colorado media outlets shows that abortion ranks in the top five issues among the thousands of voters who responded, with self-identified liberals especially concerned about potential restrictions.
Since the Supreme Court’s ruling, 13 states — mostly in the American South — have either prohibited abortions or had preexisting trigger bans take effect. Those are among 21 states that The New York Times counts as either banning the procedure or restricting it earlier in pregnancy than Roe v. Wade had allowed.
Colorado, where abortion services are available at any stage of pregnancy, is among 29 states where abortion is broadly legal, either under law or because bans have been blocked by the courts, though some states have restrictions later in pregnancy, The Times says.
If abortion is a top concern for you — no matter your view on it — here is where your vote has the most impact.
The presidential race
The U.S. president can have an impact on abortion by proposing legislation, signing or vetoing bills, and adopting administrative regulations. The chief executive also appoints judges and justices who will interpret laws on the matter.
This year’s major-party candidates differ widely on abortion.
Former President Donald Trump, again the Republican nominee, has had shifting positions in his abortion stance. As president, he nominated three of the five Supreme Court justices who struck down Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and he’s claimed responsibility for its reversal. He contends that abortion should be an issue left to the states.
Trump recently said he would veto a nationwide ban on abortion and has said he believes in exceptions, including for rape, incest and situations threatening the lives of pregnant mothers. But he has also favored restrictions: In his home state of Florida, he has said publicly that he will vote no on a ballot measure this fall that would overturn that state’s six-week abortion ban.
Vice President Kamala Harris, the Democratic nominee, has also vowed to block a federal abortion ban. And as part of her platform, she has committed to signing any congressional legislation that reenacts nationwide protections for abortion access.
Harris says the issue also encompasses access to in vitro fertilization treatments, contraception and other methods of reproductive health care.
The congressional races
Congress, along with the president, has more power in the post-Roe era to enact nationwide protections as well as restrictions on abortion, depending on whether the House and Senate can reach agreement — and the president signs the resulting legislation. Congress can also decide whether to keep, amend or repeal the Hyde Amendment, which bans the use of federal funding to pay for abortions in most cases.
Candidates vying to represent Colorado in Congress in the November election are split along party lines over the abortion issue, with all Democrats running in the state’s eight congressional districts voicing support for restoring nationwide access by passing legislation.
Republicans largely say they oppose such legislation, with several saying they would support national action to restrict abortion.
Ballot measures
This is where Colorado voters will have the most direct say this year: Amendment 79 would elevate Colorado’s existing protections for abortion access to the state constitution. It would also allow state and local government funding for abortion services by repealing a 1984 voter-passed amendment that barred the use of public money for that purpose.
That potentially would let the state include abortion coverage as part of both Medicaid and government employees’ health insurance plans, but doing so would require further action.
In order to pass, the proposal requires 55% support from voters since it would amend the constitution.
State legislative races
The state government currently falls under Democratic control in the House, the Senate and the governor’s office. The House operates under a 46-19 Democratic supermajority, while the Senate is run by a 23-12 majority. In the fall election, Democrats are working to hold or expand their majorities, while Republicans hope to narrow them.
If voters pass Amendment 79, state lawmakers would have less ability to change Colorado’s abortion protections. If it fails, the legislature would retain its ability to regulate abortion at the state level.
Several Democrats running in the most contentious House and Senate races highlight their commitment to ensuring abortion access. But Republican candidates in those districts tend to leave abortion off their campaign materials, prioritizing other issues like crime, immigration and the economy instead.
For the time being, access to abortion appears settled in Colorado under Democratic control.
Local races
Local elected officials have some power to decide whether to spend local government funding on abortion services or pass some local regulations, but nearly all action on the issue is at the state level this year.
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