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