Colorado 2024 Regular Session

Colorado Senate Bill SJR003 Compare Versions

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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
4-REVISED
4+ENGROSSED
55
66
77 LLS NO. R24-0898.01 Katelyn Guderian x3205
88 SJR24-003
99 Senate Committees House Committees
1010 SENATE JOINT RESOLUTION 24-003
1111 C
1212 ONCERNING THE DESIGNATION OF JANUARY 22 AS "ROE V. WADE101
1313 A
1414 NNIVERSARY DAY". 102
1515 WHEREAS, On January 22, 1973, the Supreme Court of the1
1616 United States found in Roe v. Wade, 410 U.S. 113 (1973), that the United2
1717 States Constitution protects the right to abortion; and3
1818 WHEREAS, On June 24, 2022, the Supreme Court of the United4
1919 States overturned the precedent established by Roe v. Wade (1973) and5
2020 Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992),6
2121 ruling in Dobbs v. Jackson Women's Health Organization, 142 S. Ct.7
2222 2228 (2022) that the United States Constitution "does not confer a right8
2323 to abortion" and that "the authority to regulate abortion is returned to the9
2424 people and their elected representatives"; and10
25-HOUSE
26- Final Reading
27-January 19, 2024
2825 SENATE
2926 Final Reading
3027 January 18, 2024
3128 SENATE SPONSORSHIP
3229 Gonzales and Winter F., Bridges, Buckner, Coleman, Cutter, Danielson, Fenberg, Fields,
3330 Ginal, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica,
3431 Roberts, Rodriguez, Sullivan, Zenzinger, Exum
3532 HOUSE SPONSORSHIP
3633 Froelich and Garcia, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy
3734 Kennedy, Daugherty, Duran, English, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp,
3835 Lieder, Lindsay, Lindstedt, Lukens, Mabrey, Martinez, Mauro, McCluskie, McCormick,
3936 McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story, Titone, Valdez, Velasco,
40-Vigil, Weissman, Willford, Woodrow, Young,
37+Vigil, Weissman, Willford, Woodrow, Young
4138 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4239 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4340 Dashes through the words or numbers indicate deletions from existing law. WHEREAS, Justices Breyer, Sotomayor, and Kagan issued a1
4441 dissenting opinion in Dobbs, stating, "Whatever the exact scope of the2
4542 coming laws, one result of today's decision is certain: the curtailment of3
4643 women's rights, and of their status as free and equal citizens"; and4
4744 WHEREAS, The surest protection against that curtailment of5
4845 rights is now offered only by state legislatures and within state6
4946 constitutions; and7
5047 WHEREAS, Upon the Dobbs decision and again on the following8
5148 anniversary of the 1973 Roe ruling, tens of thousands of Coloradans9
5249 across the political spectrum took to the streets throughout the state to10
5350 express their disappointment and rage; and11
5451 WHEREAS, Overturning Roe has resulted in significant physical12
5552 and mental trauma to, as well as significant financial burden on, people13
5653 no longer able to access abortion care where they live and who must seek14
5754 care elsewhere; and15
5855 WHEREAS, Marginalized groups have been systemically denied16
5956 equal access to abortion even before Roe was overturned, especially17
6057 Black, Latine, and Indigenous people of color; people with lower18
6158 incomes; and people in remote, rural, or underserved areas; and19
6259 WHEREAS, On April 4, 2022, to secure the statutory right to20
6360 abortion free from government interference in the face of the pending21
6461 Dobbs decision, Governor Polis signed into law House Bill 22-127922
6562 passed by the Colorado General Assembly, titled the "Reproductive23
6663 Health Equity Act" or "RHEA"; and24
6764 WHEREAS, On April 14, 2023, Governor Polis signed into law25
6865 the package of three bills passed by the Colorado General Assembly titled26
6966 the "Safe Access to Protected Health Care Package" or "SAPHC27
7067 Package", which included Senate Bills 23-188, 23-189, and 23-190; and28
7168 WHEREAS, Senate Bill 23-188 codified protections for29
7269 Colorado's patients, providers, and helpers of abortion and30
7370 gender-affirming care against out-of-state prosecutions, civil lawsuits,31
7471 investigations, and extradition claims; and32
7572 WHEREAS, Senate Bill 23-189 mandated that abortion be a33
7673 covered service without deductibles, copays, or coinsurance under private34
7774 003
7875 -2- health insurance plans, which protects Coloradans on private plans but1
7976 not the hundreds of thousands of Coloradans on publicly funded2
8077 insurance plans; and3
8178 WHEREAS, Senate Bill 23-190 categorized the deliberate false4
8279 advertising of abortion services as a deceptive trade practice; and5
8380 WHEREAS, The right to abortion is still not currently an explicit6
8481 constitutional right in Colorado and has therefore been challenged 497
8582 times since 2010 in the state legislature; and8
8683 WHEREAS, Colorado voters defeated fetal personhood9
8784 amendments, which are total abortion bans, by 30% (Amendment 67) in10
8885 2014, by 41% (Amendment 62) in 2010, and by 46% (Amendment 48) in11
8986 2008; and12
9087 WHEREAS, In 2020, Colorado voters defeated Proposition 115,13
9188 a 22-week abortion ban, by 18%, with more votes cast opposing it than14
9289 President Biden received on the same ballot; and15
9390 WHEREAS, Amendment 3 of the Colorado Constitution, adopted16
9491 in 1984 by a margin of fewer than 10,000 votes, forbids the use of public17
9592 funds by state and local government to cover abortion; and18
9693 WHEREAS, While Amendment 3 passed by less than 1% of the19
9794 vote in 1984, in 2022, exit polling during Colorado's midterm elections20
9895 found 63% of voter respondents agreed that Colorado's constitution21
9996 should be amended to protect abortion; and22
10097 WHEREAS, Polling has consistently shown that a significant23
10198 majority of Colorado voters support an amendment making abortion a24
10299 constitutional right and repealing the prohibition on health insurance25
103100 coverage for abortion; and26
104101 WHEREAS, For the past four decades, as a direct result of27
105102 Amendment 3, Colorado state and local government employees and28
106103 Coloradans enrolled in state insurance programs have been denied29
107104 insurance coverage for abortion for themselves and their families,30
108105 resulting in discriminatory and harmful effects on those impacted; and31
109106 WHEREAS, Colorado was the first state in the nation to legalize32
110107 abortion and Colorado has since led the nation, at the ballot box and in33
111108 003
112109 -3- the legislature, and should continue to lead the nation in protecting1
113110 abortion access without restriction; and2
114111 WHEREAS, In 2024, Coloradans will be asked to vote on the3
115112 general election ballot on a constitutional amendment protecting abortion,4
116113 thus repealing the earlier, discriminatory Amendment 3 of the Colorado5
117114 Constitution from 1984; now, therefore,6
118115 Be It Resolved by the Senate of the Seventy-fourth General7
119116 Assembly of the State of Colorado, the House of Representatives8
120117 concurring herein:9
121118 That we, the members of the Colorado General Assembly:10
122119 (1) Recommend voters amend the Colorado Constitution to11
123120 enshrine in it the right to abortion and prohibit Colorado state and local12
124121 governments from denying or discriminating against the exercise of that13
125122 right; and14
126123 (2) Hereby designate January 22 of each year as "Roe v. Wade15
127124 Anniversary Day".16
128125 003
129126 -4-