Scroll Top
prop 115

Proposition 115- another abortion ban on the ballot

By: Colette Czarnecki, Contributing Writer

Personal. Emotional. Political. When is it OK for a state to control the decision of somebody’s right to have an abortion? Do you think every person should always have the right for their own bodily integrity? Even with a fetus inside? Coloradans will make this judgment yet again, with another abortion ban on the ballot.

Proposition 115 is the current debate on late-term abortion. Opponents express their arguments and how it affects people who are pregnant.

The objective is to ban late-term abortions at the 22-week mark of pregnancy. This means that all abortions performed after 22-weeks of gestational age will be termed illegal unless there is no other way to save the life of the pregnant person. Aborting after 22-weeks will be permissible under a second physician’s assessment of gestational age according to Ballotpedia.

If a late-term abortion is practiced illegally, the person receiving the procedure will not be punished under state protection. However, the physician who performed the abortion will be fined between $500 to $5,000 with their medical license suspended at minimum of three years. 

Lastly, the three reasons for the removal of an embryo or fetus that would be legal are: if the embryo or fetus is removed to try to save its life, if any remaining tissues are removed because of a miscarriage, or if it’s an ectopic pregnancy (the embryo or fetus is growing outside of the uterus). 

What Proposition 115 does not do is represent bodily autonomy and independent decision making. These have been the values that many Coloradans have held for decades.

“Proposition 115 was built on a grassroots level,” said Giuliana Day, co-founder of Due Date Too Late, the group that collected enough signatures to put the initiative on the ballot. This Colorado committee, which is operated by the Coalition for Women and Children, has been raising awareness since early 2019 on what late-term abortions mean. 

One reason why proponents are for 115 is because there is scientific evidence of a few babies surviving outside the uterus at 21-weeks gestation age in Newborn Intensive Care Units (NICU), according to Dr. Thomas Perille, the head of the Medical Advisory Team of Due Date Too Late. 

Although a small number of babies have survived after 21-weeks, it is rare according to The American College of Obstetrics and Gynecologists (ACOG). Ultimately 98%-100% of babies born before 23-weeks of gestation do not survive.  

Due Date Too Late wants people to be aware of alternatives for abortion even if there is a fetal abnormality. Perille said, “We had so many women testify to us when they encountered fetal diagnosis that their baby might have disabilities. They were always pushed towards abortion. It’s fascinating to me that none of these physicians talked about perinatal hospice or other alternatives.”

 Along with premature babies surviving in NICU, another reason why the proponents want to ban late-term abortion is because of debate on fetal pain while being aborted. Perille explained that pain can now be determined in fetuses through ultrasonic facial expressions, infrared spectroscopy, and functional modalities. 

This might not be the case because researchers are still figuring out when pain is perceived in a fetus. An article in Life Science quoted ACOG saying that “fetal movement ‘is not an indication that the fetus can feel pain.’” Many researchers indicate that fetal pain does not exist before the third trimester.

One more reason why proponents for 115 are fighting for the initiative to pass is because late-term abortions cause emotional pain for many people who have had them. “Just give us a chance to show you we care about you,” said Day.

 When asked if the proposition does not pass, Day said that she feels like proponents already won because they promoted awareness of alternatives to abortion.

The opponents feel like they have won as well. This is because of the historical initiatives on abortion in Colorado over the last 30 years. Most bans have not passed because, “Coloradans don’t want any ban on abortion,” said Michael Carter, 27, of New Era Colorado, a non-profit organization that educates young leaders for democracy.

New Era Colorado is affiliated with Abortion Access For All, one of the main organizers against Proposition 115. There is a substantial number of professional endorsers against the initiative, from elected officials to medical associations. The Colorado Medical Society is one endorser that shares the broad consensus that people should be able to access the healthcare they need.

“No politicians and lawmakers can understand the level of nuisance of complicated individual circumstances that go behind this decision,” said Carter. “There is no room to be passing laws that then impose this sweeping one size fits all approach to what is so personal.”

Another group that opposes the proposition is Colorado Students Vote No on 115 through the Feminist Majority. Kate Kelly, 21, of the group brings the awareness that not only will it restrict anybody who is pregnant, but it will especially harm marginalized communities. “If you don’t make a lot of money, if you live farther away from abortion later-in pregnancy providers than other people do, it may take longer than 22-weeks to make that decision, get enough money to have the procedure, and plan out travel if you need to get that procedure. It’s taking out that time to formulate a plan,” said Kelly.  

Even though the opposing group against the ban feels confident they will win, they are still working hard to ensure this outcome. If Proposition 115 passes, both organizations opposing the ban say they will keep fighting for abortion access and they are here to support the community that needs medical care. They will not leave those in need behind no matter what.

To obtain more information on the opposing side, check out voteno115.com. You can also email Stefanie@voteno115.com.

For more information on the proponent side check out https://www.duedatetoolate.com/ .