Yesterday, Republicans on the Legislative Council voted along party lines to deny an amendment to the Blue Book language for Proposed Initiative 89, “Constitutional Right to Abortion,” which would have accurately reflected existing exemptions for abortion for publicly-funded health care plans. 

The Legislative Council met to hear testimony before finalizing language for Colorado’s nonpartisan Ballot Information Booklet (which will also have a new number, but the title will remain the same). Following a 1984 amendment, the Colorado Constitution currently bans public funding for abortion services for Medicaid recipients, low-income individuals, and health insurance plans that are offered to state and local government employees. However, there are exceptions in federal and state law that allow Medicaid to pay for an abortion when the life of the pregnant woman is in danger or when the pregnancy is the result of rape or incest. There are currently no exceptions for abortion access for insurance plans that are offered to state and local government employees whose pregnancy is the result of rape or incest.

Teter speaking during a 2022 event at the Capitol.

“The language [of the Blue Book] does not, however, state the exceptions for the second group or lack thereof — public employees,” said Jack Teter, the regional director of government affairs for Planned Parenthood of the Rocky Mountains. “Members, this isn’t partisan. There is currently no exemption for public employees who have been sexually assaulted, and the language should reflect that.”

Sen. Faith Winter (D-Westminster) introduced an amendment to include that language in the Blue Book. “This is about accuracy,” she said. “This is not about the feelings on this issue or this initiative, [but] ensuring that voters are correctly informed on what, currently, is happening. Right now, within the Blue Book, it says, ‘In 1984, Colorado’s Constitution banned public funding for abortion services. However, there are exemptions in federal and state law that allow Medicaid to pay for an abortion when the life of a pregnant woman is in danger or when the pregnancy is a result of incest. And that exemption also exists for state employees.’ This is clarifying that there’s no exceptions in federal or state law that allow health insurance plans that are offered to state and local government employees to pay for an abortion when the pregnancy is the result of rape or incest. So this isn’t to the meat of the amendment, but it’s an accurate description of what the current exception is.”

Republicans who voted against the amendment included Rep. Ryan Armagost (R-Berthoud), Sen. Bob Gardner (R-Colorado Springs), Rep. Anthony Hartsook (R-Parker), Sen. Paul Lundeen (R-Monument), Sen. Byron Pelton (R-Sterling), Sen. Cleave Simpson (R-Alamosa), and Rep. Ty Winter (R-Las Animas County). The amendment failed on a vote of 11-7, requiring 12 votes to pass.

“​​It is unfortunate, but perhaps not surprising, that some politicians didn’t want to be transparent with voters about the lack of access in Colorado law right now for public servants who need an abortion after being sexually assaulted,” said Teter following yesterday’s meeting.

The “Constitutional Right to Abortion” initiative repeals the constitutional ban on public funding for abortion services, potentially allowing state and local money to be used to pay for abortions through Medicaid or state and local government employee health insurance plans. Voters will decide on Nov. 5.