On Jan. 19^, Rep. Dave Williams (R-District 15) introduced House Bill 22-1079, “Abolishing Abortion In Colorado,” to the House, and it was then assigned to the Health & Insurance committee.

However, given the makeup of the General Assembly — namely that Democrats have a substantial majority — Williams knew there was almost zero chance of HB22-1079 becoming law, and even if it did, would immediately be challenged in court.

Indeed, on February 23, Democrats postponed HB22-1079 indefinitely. So why did Rep. Williams introduce this bill, and what does it say about the broader issue of abortion?

When is a Person a Person?

As I previously detailed, in 1973, Roe v. Wade and Doe v. Bolton legalized abortion in the US. Indeed, in Roe, all nine justices agreed that the term “person” in the 14^th Amendment only applies after a live birth. As such, equal civil and legal protections under the law don’t apply to the unborn. However, Justice Harry Blackmun noted in the opinion of the Court, “If this suggestion of personhood is established, [Roe’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment.”

Still, thanks to legal grey areas in Roe and 1992’s Planned Parenthood v. Casey, states can regulate abortion based on pre- and post-viability. But that doesn’t mean a state has to provide protection post-viability.

Under current Colorado law, abortion is legal through the third trimester. Further, there are no limits on abortions past fetus viability (the point at which a baby can survive outside the womb with medical intervention), and women can obtain an abortion without notifying their partners, or in the case of minors, without informing their parents.

Additionally, if someone hurts a pregnant woman resulting in the death of her baby, it’s not considered homicide and can’t be prosecuted as such. Simply put, there’s zero protection in Colorado when it comes to the unborn, making Colorado one of the most permissive states in the US regarding abortion.

HB22-1079 tried to change that by defining unborn children at all stages of gestation as a “person.” Consequently, if HB22-1079 had passed and gone into effect, Colorado would have been required to protect the unborn child’s life from conception to natural death and confer the same constitutional rights to the unborn child as born children.

What’s the Point?

Thanks in part to a strong Democrat majority, HB22-1079 had almost zero chance of passing. And even if it had passed, it’d almost certainly face immediate court challenges. Why then did Rep. Williams introduce this bill? There are a few reasons.

First, Rep. Williams states that he is 100 percent pro-life. As such, this bill reflects his commitment to protecting the unborn and also helps to bring awareness to abortion in Colorado.

Second, due to recently redrawn state legislative boundaries, Williams is facing a primary election on June 28, 2022, to represent Colorado’s 5^th Congressional District. Putting forward bills like HB22-1079 is a way to garner support from conservative voters.

And third, with President Trump’s appointment of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, there’s been renewed interest in trying to overcome Roe v. Wade byhaving the Court evaluate new legal challenges. If HB22-1079 passed and faced a legal challenge, there’s a chance that it would have made it to the Supreme Court, giving the justices the opportunity to rule on the term “person.”

Can Colorado Change its Tune?

Colorado is one of the most permissive states regarding abortion. Not only is abortion legal in all three trimesters, but also if a baby is killed in utero, that death isn’t considered a homicide. 

Lawmakers like Dave Williams want to change the above and protect the unborn. But there is virtually no chance of Colorado’s abortion laws changing with a Democrat majority in the General Assembly.

Still, if you want your voice to be heard regarding bills like HB22-1079, you can contact your representative and tell them where you stand. Arguably, however, the only way to change Colorado’s abortion laws is to elect a majority of representatives like Dave Williams.

The Maverick Observer is an online free-thinking publication interested in the happenings in our region. We launched in February 2020 to hold our politicians and businesses accountable. We hope to educate, inform, entertain, and infuse you with a sense of community.