First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. R25-0834.01 Faith Marcovecchio x4331
SJR25-004
Senate Committees House Committees
SENATE JOINT RESOLUTION 25-004
C
ONCERNING THE DESIGNATION OF JANUARY 22 AS "REPRODUCTIVE101
R
IGHTS AND JUSTICE 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
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Garcia and Froelich,
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, Latina, 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
SJR25-004
-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, Colorado voters defeated fetal personhood6
amendments, which are total abortion bans, by 30% (Amendment 67) in7
2014, by 41% (Amendment 62) in 2010, and by 46% (Amendment 48) in8
2008; and9
WHEREAS, In 2020, Colorado voters defeated Proposition 115,10
a 22-week abortion ban, by 18%, with more votes cast opposing it than11
President Biden received on the same ballot; and12
WHEREAS, 61.97% of Colorado voters overwhelmingly approved13
the constitutional right to abortion, solidifying its protection and14
demonstrating strong public support; and15
WHEREAS, Coloradans deserve the right to the full spectrum of16
reproductive health care and we must now enact the will of the voters;17
and18
WHEREAS, We must enshrine the federal "Emergency Medical19
Treatment and Labor Act" (EMTALA) into state law to ensure that all20
Coloradans have access to essential, life-saving medical care, regardless21
of federal actions or policy changes, and to prevent gaps in care that could22
disproportionately impact vulnerable populations, including those23
experiencing medical emergencies or pregnancy-related complications;24
and25
WHEREAS, We must strengthen our Shield Law to provide robust26
protections for individuals seeking, providing, or supporting abortion care27
in Colorado, ensuring their safety and privacy in the face of increasing28
threats and legal challenges from other states; and29
WHEREAS, Enhanced protections are necessary to safeguard30
against the chilling effect of out-of-state legal actions, prevent the sharing31
of private health information across jurisdictions, and affirm Colorado's32
commitment to reproductive freedom; and33
SJR25-004
-3- WHEREAS, Colorado was the first state in the nation to legalize1
abortion, and Colorado has since led the nation, at the ballot box and in2
the legislature, and should continue to lead the nation in protecting3
abortion access without restriction; and4
Be It Resolved by the Senate of the Seventy-fifth General Assembly5
of the State of Colorado, the House of Representatives concurring herein:6
That we, the members of the Colorado General Assembly:7
(1) Affirm Colorado will continue to protect reproductive rights8
and access to essential medical care, reaffirming its role as a national9
leader in advancing and safeguarding these fundamental freedoms; and10
(2) Hereby designate January 22 of each year as "Reproductive11
Rights and Justice Day".12
SJR25-004
-4-