ANTI-CHOICE LAWS
Abortion Ban
NEAR-TOTAL
Colorado has not repealed its pre-Roe abortion ban, which is unconstitutional and unenforceable.
The ban provides that a woman may not obtain an abortion unless it is authorized unanimously by a hospital board of three physicians that certifies in writing one of the following: (1) continuation of the pregnancy is likely to result in the woman's death or the serious permanent impairment of her physical or mental health; (2) the woman is likely to deliver a child with grave and permanent physical deformity or mental retardation; or (3) the pregnancy resulted from sexual assault or incest, a district attorney certifies in writing that there is probable cause to believe the assault or incest occurred, and less than 16 weeks of gestation have passed.
Any person who intentionally performs an unauthorized abortion is guilty of a felony. Any person who knowingly distributes an abortifacient, reasonably believing it is to be used as an abortifacient, to someone other than a licensed medical doctor or physician is guilty of a misdemeanor, and any person who advertises or sells a drug inducing abortion, except upon the written prescription of a physician of the city, village, or county in which the sale is made, shall be fined from $25 to $100.
Colo. Rev. Stat. Ann. §§ 18-6-101 (Enacted 1967; Last Amended 1975), 18-6-102 (Enacted 1967), 18-6-105 (Enacted 1967); Colo. Rev. Stat. Ann. §§ 25-1-665 (Enacted 1893), 25-1-666 (Enacted 1893), 25-1-667 (Enacted 1893).
Based on the U.S. Supreme Court's decision in Roe, a court held that all of these provisions, except the requirement that abortions be performed by licensed physicians using accepted medical procedures, are unconstitutional. People v. Norton, 507 P.2d 862 (Colo. 1973).
Insurance Prohibition for Abortion
The Colorado Attorney General has issued an opinion stating that group health insurance provided by the state for its employees must exclude coverage for abortion pursuant to the state constitutional prohibition on the use of state funds for abortion except when necessary to preserve the woman's life. Colo. Op. Att'y Gen. No. OLS8500339/ANY (Feb. 6, 1985); Colo. Const. art. V, § 50 (Enacted 1984).
Refusal to Provide Medical Services
ABORTION REFUSAL CLAUSE
Colorado allows certain individuals or entities to refuse to provide abortion services.
To whom does the refusal clause apply? Hospital staff members or persons associated with or employed by a hospital.
What does the refusal clause allow? No hospital staff member or person associated with or employed by a hospital, who objects in writing on moral or religious grounds, may be required to participate in medical procedures that result in an abortion. The refusal of a person to participate may not be a basis for recriminatory action. No hospital may be required to admit a woman for the purpose of performing an abortion.
Must the refusal be in writing? Yes. Moral or religious objections to participating in medical procedures that result in an abortion must be in writing.
Does the law require the refusing entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Colo. Rev. Stat. Ann. § 18-6-104 (Enacted 1967; Last Amended 1971).
CONTRACEPTION REFUSAL CLAUSE
Colorado allows certain individuals or entities to refuse to provide contraceptive procedures, supplies, or information.
To whom does the refusal clause apply? Private institutions, physicians, and agents or employees of private institutions or physicians.
What does the refusal clause allow? Private institutions or physicians and agents or employees of such institutions or physicians may refuse to provide contraceptive procedures, supplies, and information based on religious or conscientious objection. The refusal of an institution, employee, agent, or physician may not be the basis for liability.
Does the law require the refusing entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for contraceptive procedures, supplies, or information? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Colo. Rev. Stat. Ann. § 25-6-102 (Enacted 1971).
FAMILY PLANNING REFUSAL CLAUSE
Colorado allows certain individuals or entities to refuse to provide family planning and birth control services.
To whom does the refusal clause apply? County and city employees.
What does the refusal clause allow? Any county employee or city and county employee who objects on religious grounds may refuse to provide family planning and birth control services. Such refusal should not be the basis for any disciplinary action, discrimination, or loss in pay or other benefits.
Does the law require the refusing entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family planning and birth control services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Colo. Rev. Stat. Ann. § 25-6-207 (Enacted 1965).
STERILIZATION REFUSAL CLAUSE
Colorado allows certain individuals or entities to refuse to perform or participate in sterilization procedures.
To whom does the refusal clause apply? Individuals and hospitals.
What does the refusal clause allow? No hospital or person may be required to participate in a sterilization. The refusal to participate may not be the basis for civil or criminal liability.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilizing procedures? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Colo. Rev. Stat. Ann. § 27-10.5-132 (Enacted 1975).
Restrictions on Low-Income Women's Access to Abortion
Colorado prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the pregnancy is causing a life-endangering circumstance or in cases of sexual assault or incest. "Life-endangering circumstance" means the presence of a medical or psychiatric condition which represents a serious and substantial threat to the woman's life if the pregnancy continues to term. Colo. Medicaid Program, Medicaid Provider Manual, §§8.730.1, 8.730.4.A (June 20, 2003) at http://www.chcpf.state.co.us/HCPF/Pdf_Bin/730famplan.pdf#search=%22family%20planning%20services%22.
An invalid and enjoined provision of the Colorado constitution and two statutes provide that no public funds may be used to pay for an abortion unless necessary to preserve the woman's life or the life of the unborn child. Colo. Const. art. 5, §50.
A court held that these provisions conflict with federal law that prohibits participating states from excluding abortion from the Medicaid program in cases rape or incest, as well as life endangerment, and has issued a permanent injunction prohibiting their enforcement to the extent that they conflict with federal law. Hern v. Beye, 57 F.3d 906 (10th Cir. 1995), cert. denied, 516 U.S. 1011 (1995).
Additionally, in 2003, 2004, and again in 2008 and 2009, the Colorado legislature enacted appropriations bills, provisions of which conflict with federal law and are therefore unenforceable. The unenforceable provisions prohibit the use of public funds for abortion. These bills allow a narrow exception "to prevent the death of either [the] pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each," only if such an exception is approved by future legislative action. S.B. 214, 64th Gen. Assem., 2nd Reg. Sess. (Colo. 2003); H.B. 1422, 64th Gen. Assem., 2d Reg. Sess. (Colo. 2004); H.B. 1375, 66th Gen. Assem., 2nd Reg. Sess. (Colo. 2008); S.B. 259, 67th Gen. Assem., 1st Reg. Sess. (Colo. 2009).
Restrictions on Young Women's Access to Abortion
Colorado law restricts young women's access to abortion.
Is the law enforceable? Yes.
Who is considered a minor? A young woman under the age of 18.
What is required - parental consent or parental notice? Notice.
Who must be notified? Two parents, with some exceptions.
Are there other trusted adults who may be notified instead? Yes, the physician may notify a grandparent, aunt, or uncle in lieu of a parent, if the young woman is not living with her parents and is living with one of those adult relatives.
What is the process for providing notification? A young woman may not obtain an abortion until at least 48 hours after written notice has been delivered personally or by certified mail by the attending physician to one of her parents. If the parents reside together, delivery to one parent shall constitute delivery to both. If the parents do not reside together and the young woman requests that only one parent be notified, that request shall be honored. If notice is sent by certified mail, the 48-hour period begins to run at noon on the next day on which regular mail delivery takes place. Whenever the parents are separately served notice, the 48-hour period begins upon delivery of the first notice.
May the parental mandate be waived if a young woman is a victim of rape or incest? No.
May the parental mandate be waived if a young woman is a victim of child abuse? Yes, if the young woman declares she is a victim of child abuse or neglect by a person entitled to notice and the attending physician has reported such child abuse or neglect.
May the parental mandate be waived if a young woman's health is threatened? Yes, but only if a medical emergency exists. A medical emergency is defined as a medical condition of the young woman that necessitates an immediate abortion to preserve her life or for which a delay will create "a serious risk of substantial and irreversible impairment of a major bodily function."
May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating either that parental notice is not in her best interests or that, by clear and convincing evidence, she is sufficiently mature to decide whether to have an abortion.
Are there other significant requirements under the law? No.
Has a court considered the constitutionality of this law? No.
Other information about the law: An earlier version of this law was enacted by a ballot initiative. A court held that version of the law was unconstitutional because it failed to provide a health exception and issued a permanent injunction prohibiting its enforcement. Planned Parenthood of the Rocky Mountains Servs. Corp. v. Owens, 287 F.3d 910 (10th Cir. 2002). In response to the court decision, the state legislature enacted supplemental language that provides a medical emergency exception, expands the list of adults to whom notification may be given, and establishes a judicial bypass procedure. The law is now in effect.
In addition, Colorado's pre-Roe abortion law provides that an unmarried minor under 18 may not obtain an abortion without the consent of one parent. Colo. Rev. Stat. Ann. § 18-6-101(1) (Enacted 1967), § 18-6-102 (Enacted 1967). A court held that this parental consent requirement is unconstitutional. Foe v. Vanderhoof, 389 F. Supp. 947 (D. Colo. 1975).
Colo. Rev. Stat. Ann. §§ 12-37.5-101, -102, -108 (Enacted by Initiative 1998), §§ 12-37.5-103 to -107 (Enacted by Initiative 1998; Last Amended 2003).
Spousal Consent
The U.S. Supreme Court held that requiring a woman to obtain her husband's consent prior to an abortion is unconstitutional. Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52, 67-72 (1976). Yet Colorado has not repealed its unconstitutional and therefore unenforceable law that provides that a woman who is married and living with her husband may not have an abortion without her husband's consent. Colo. Rev. Stat. Ann. § 18-6-101(1) (Enacted 1967); Colo. Rev. Stat. Ann. § 18-6-102 (Enacted 1967).
Targeted Regulation of Abortion Providers (TRAP)
Restrictions on Who May Perform Abortions
Colorado prohibits certain qualified health care professionals from performing abortions.
Only a licensed physician using accepted medical procedures may perform an abortion. Colo. Rev. Stat. Ann. §§ 18-6-101(1), -102 (Enacted 1967).
PRO-CHOICE LAWS
Emergency Contraception
EMERGENCY CONTRACEPTION (EC) FOR SEXUAL ASSAULT VICTIMS
Colorado law requires that sexual assault victims receive information about emergency contraception (EC) in hospital emergency rooms. The law requires Colorado hospitals to amend existing protocols to include informing sexual assault victims about the proper use and availability of EC as a means of preventing pregnancy.
This law contains a refusal clause that allows any health care professional to refuse to provide information about EC on the basis of religious or moral objections.
Colo. Rev. Stat. § 25-3-110 (Enacted 2007).
Protection Against Clinic Violence
A person who knowingly approaches within eight feet of another person without his or her consent within 100 feet of a health care facility entrance for the purpose of passing a leaflet, displaying a sign, or engaging in oral protest, education, or counseling, or who knowingly impedes another person's entry to or exit from a health care facility, commits a misdemeanor. Colo. Rev. Stat. Ann. § 18-9-122 (Enacted 1993).
The U.S. Supreme Court held that the challenged portion of this statute, the no-approach zone, is constitutional. Hill v. Colorado, 530 U.S. 703 (2000).
A person may recover damages and obtain injunctive relief from any person who commits or incites others to commit the offense. Colo. Rev. Stat. Ann. § 13-21-106.7 (Enacted 1993).
