As surrounding states continue restricting access to abortions and gender-affirming care, Colorado has now made additional protections and coverage state law.
Gov. Jared Polis signed three bills that were part of Democrats’ reproductive care package Friday afternoon, surrounded by sponsors of the bills and dozens of supporters who applauded the state’s continued efforts to cement Colorado’s status as a safe haven.
“I’m excited by the work of advocates and legislators to further Colorado’s reputation as a beacon of freedom, a beacon of choice, a beacon of individuality where we live our own lives on our own terms in a Colorado for all,” Polis said.
In anticipation of the fall of the U.S. Supreme Court’s landmark Roe v. Wade decision, Colorado lawmakers passed legislation in 2022 guaranteeing the right to abortions in state law. Since then, they have been working to bolster access. Advocates also intend to ask voters to approve a ballot measure in November 2024 that would solidify that right in the state constitution, so future legislatures can’t just reverse the law, as well as to remove a public funding ban on abortions in the state constitution.
The three bills signed Friday garnered intense opposition from Republicans in the minority — more than 29 hours of debate took place earlier this month on the House floor alone — but the Democratic majority easily had the votes to pass the legislation before it headed to the governor’s desk.
The bills are:
SB23-188, which prevents the state from recognizing or engaging in any criminal prosecutions or lawsuits for anyone who receives, provides or assists in abortions and gender-affirming care
SB23-189, which requires insurance companies to cover reproductive health care, including the full cost of abortions and sterilizations, and treatment for sexually transmitted infections
SB23-190, which prohibits the use of “deceptive advertising” by anti-abortion centers, known as crisis pregnancy centers, and temporarily designates offering so-called abortion reversal medication as “unprofessional conduct”
All three laws are set to take effect immediately, but SB-190 was paired with a signing statement from the governor.
In the statement, Polis took issue with the legislative designation that providing medication for off-label purposes — in this case, the so-called abortion reversal medication — is unprofessional conduct until the state medicine, pharmacy and nursing boards find it to be within a generally accepted standard of practice.
“Moving forward, I would be hesitant to support additional legislative attempts to circumscribe precise medical treatments into law,” he said. “Although I don’t agree with legislating the practice of medicine, this direction only lasts five months under this bill. The standards of practice for medicine should be left to appointed medical professionals in the state driven by the ongoing process of science.”
In a written statement after Polis’ letter was released, Jack Teter, policy director for Planned Parenthood of the Rocky Mountains, said that as medical providers, the group rejects state intervention in the practice of medicine.
But the “so-called ‘abortion pill reversal’ is not a medical practice,” Teter said. “It is a violation of providers’ legal and ethical duties to their patients to recommend or administer a treatment that the American Medical Association has said is ‘unethical’ and ‘not based in science.’ We need to be willing to clearly say that there is a right and a wrong, and that providers who lie to people due to their own agendas ought to be subject to discipline by the medical board.”
Not long after the bill signing, Catholic health care clinic Bella Health and Wellness filed a lawsuit against the state challenging SB23-190, saying the law violates a woman’s right to choose to continue a pregnancy.
“We opened Bella because of our belief that life is a precious gift from God, worthy of protection at all stages,” said Dede Chism, clinic CEO and nurse practitioner, in a written statement. “When a woman seeks our help to reverse the effects of the abortion pill, we have a religious obligation to offer every available option for her and her child.”
At Friday afternoon’s bill signing, Sen. Sonya Jaquez Lewis of Boulder County, a pharmacist by trade, told attendees that the country is facing a new reality after the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision and Colorado needs to protect its health care professionals and address a growing “health care crisis.” She’s one of the sponsors of SB23-188.
“A small minority of folks (are) in an endless crusade to undermine medical scientific facts and expertise to further marginalize so many of us and take us backwards,” Jaquez Lewis said. “As co-chair of the LGBTQ Caucus, there is not a day that goes by that we do not hear of some relentless attack on our trans youth, our trans adults for simply wanting to live their own lives and be their own true selves.”
She added that people are afraid to seek health care, whether it’s reproductive care or gender-affirming care, give medical advice or even help family members, so Colorado lawmakers decided to take action.
GOP House Minority Leader Mike Lynch, of Wellington, issued a statement later that day calling out the state’s Democratic Party as too radical after the passage of the new laws.
“Those who call for abortion-on-demand have ensured with the signing of these three ideological bills that Colorado will continue to be an abortion destination — attracting the vulnerable, the indigent and frightened minors from all over the country,” he said.
But the way supporters of the legislation and Democratic lawmakers see it, the laws are making it possible for people who are being robbed of making choices about their own bodies in other places across the country.
The crowd of supporters, not all of whom could fit into the governor’s office for the signing Friday, was animated and cheering as lawmakers made their remarks.
“What do you do when reproductive rights are attacked?” Sen. Julie Gonzales asked.
“Stand up and fight back,” those gathered chanted.
She then asked, “What do we do when trans rights are attacked?”
“Stand up and fight back.”
Stay up-to-date with Colorado Politics by signing up for our weekly newsletter, The Spot.