Vote Yes on 115 to restrict abortion after 22 weeks in Colorado

Introduction

Late abortions (after 22 weeks gestational age) are extreme by any national and international comparison. Just seven of the 50 States in the US permit abortion after 25 weeks.1 Most (38) prohibit abortion at 22 weeks or less. Internationally, only five of the 198 countries, independent states, and semi-autonomous regions with populations exceeding 1 million permit elective abortion after 24 weeks.2 Three of the five nations that permit late abortion are notorious human rights abusers: China, North Korea, and Vietnam. Colorado should not aspire to join the ranks of the few states and countries that dehumanize the developing fetus and permit the killing of these most vulnerable human beings. Colorado should also not jeopardize the health of Colorado women by allowing the unregulated out-patient practice of late abortion which is known to pose serious risks to the health and life of the woman.3

Late abortion is predicated on the notion that a woman’s right to bodily autonomy trumps the human fetus’ right to life. Both prolife and prochoice advocates would agree that a woman’s autonomy is an extremely important value; however, both sides differ on whether autonomy supersedes another human being’s fundamental right to life. These competing rights are why proponents of access to late abortion go to extreme lengths to minimize the humanity of the fetus. They refer to “terminating the pregnancy” as if the termination could occur without killing a vital, developing human being. A recent series on abortion rights by the Editorial Board of The New York Times refers to the developing human merely as a “cluster of cells” as if her brain, heart, circulatory system, appendages, hands/feet and nervous system were immaterial.4 Planned Parenthood of the Rocky Mountains characterizes the dismemberment of late second trimester fetus during a Dilation and Evacuation (D&E) abortion as removing “pregnancy tissue”.5 Orwellian language is utilized to refer to the crushed and dismembered human fetus as “products of conception” or simply “POC”. Even the preferred term “fetus” is an attempt to dehumanize the developing human. OB-GYN physicians commonly refer to the “baby” during a woman’s wanted pregnancy, but abortionists will rarely refer to the “fetus”, much less use the term “baby”, when counseling a woman on abortion.

There is little doubt that there is a bipartisan consensus that late abortions should be regulated. According to a 2018 Gallup poll, only 18% of Democrats, 13% of Independents, and 6% of Republicans believe that third trimester abortions should be legal.6 In 2020, the Marist Poll found that 70% of Americans felt that abortion should be restricted to the first 3 months of pregnancy or less.7 The Marist poll also revealed that 41% of self-identified prochoice voters were more inclined to vote for a candidate who supported abortion restrictions. The polling presumably reflects the public’s widespread recognition that late abortion kills a human being not materially different than a newborn infant and that late abortion represents a substantial medical risk to the pregnant woman.



Is the 22 week fetus a human being?

Human embryology has long established the fact that human life begins at fertilization and that human development is a seamless process that continues for years after birth. It should not be surprising that 96% of 5577 biology scientists who were recently surveyed agreed that human life begins at fertilization.8-9 No matter how hard abortion rights activists try to obfuscate, human zygotes, embryos and fetuses are biological human beings.

A primordial heart develops in the human embryo by the fifth week (post last menstrual period) and begins to pump blood by the sixth week.10 Rapid development of the brain occurs in the seventh week. By the 10th week, the embryo has distinctly human characteristics, developed the beginnings of all major organ systems, and demonstrates purposeful limb movements. During the 19th week, the mother can feel the fetal movements and by 22-weeks the fetus can respond to her mother’s touch. Fetal surgeries, in which the human fetus is operated on by specially trained fetal surgeons and anesthesiologists, have been pursued as early as the 19th- week gestation.11-12

Human fetuses have been born in the 21st-week gestation with excellent neurodevelopmental outcomes.13 Based on one national study performed on infants born at 22 weeks gestation between 2006 and 2011, 23% survived with active treatment.14 However, more recent data from the University of Iowa encompassing outcomes between 2006 and 2015, suggest a much more robust 70% survival.15 The majority had no or mild neurodevelopmental impairments.

While there is considerable debate concerning when the human fetus can experience pain, it is very likely that a 22-week-old human fetus can experience pain – likely, more intensely than an infant or adult.16 The experience of pain in humans is characterized by two neurological functions: nociception which involves the transmission of painful stimuli to the central nervous system and perception which entails the organization, identification, and interpretation of the painful sensory information. Nociception occurs early in fetal life, but perception occurs later. In a systematic multidisciplinary review published in 2005, researchers (who opposed abortion restrictions) argued that the processing of painful stimuli can only occur once the brain cortex is fully functional – not before the third trimester.17 However, the majority of contemporary fetal medicine specialists now consider the evidence that a 22-24 week fetus experiences pain compelling.16,18-22 Some believe a fetus as young as 13 weeks able to experience pain, albeit without the capacity for self-reflection.23 They cite the adequacy of nociceptive pathways, the presence of a working thalamus (which relays painful stimuli), the development of the subplate (which is an active, albeit transient, layer of the human brain cortex), documented periods of wakefulness/arousability, hormonal stress/pain responses, and fetal behavioral correlates of pain. This conclusion is reinforced by measurements of nociception-specific brain activity using near-infrared spectroscopy (NIRS), electroencephalography (EEG), and functional MRI.24-26 More sophisticated 4D ultrasound technology has also enhanced our ability to use facial expression to assess fetal pain.27-28 Because inhibitory descending pathways, which down-regulate pain perception, mature only after birth, the human fetus may be much more sensitive to pain than infants or adults.18,20-21 Clinicians have long observed that preterm infants at the lowest limit of viability have “profound, acute adverse reactions” to major painful stimuli.29 Physicians and nurses in neonatal intensive care units witness this every day and utilize multiple different pain assessment tools to help measure and mitigate the pain.19

Ultrasound using 4D technology has revealed a surprising diversity of fetal movements and added to our knowledge of the fetal central nervous system and neurobehavior.30-31 By the 11th week of gestation, the fetus demonstrates head flexion/rotation, isolated arm/leg movements, stretching, sucking, swallowing, hiccups, jaw opening and yawning.32 By the 22 weeks gestation the fetus can blink, repetitively open/close their mouth, extrude their tongue, smile, and grimace.33-34 Fetuses have been observed to cry in utero.30 These observations attest to the sophistication of the fetal brain at 22 weeks and suggest a nascent fetal emotional response.

The human fetus develops the ability to detect other sensory stimuli such as tastes and smells.35-36 Researchers have demonstrated that specific foods and flavors in the maternal diet during pregnancy can transfer to and flavor the amniotic fluid. These flavors are in turn tasted by the fetus and result in post-natal food preferences. This is how culture-specific flavor preferences are learned by the fetus and initiated early in life.

It has also long been recognized that the human fetus can respond to sound as early as 19 weeks.37-38 The human fetus specifically responds to her/his mother’s voice.39 At 25 weeks human fetuses have been observed to mimic their mother’s resuscitation of a nursery rhyme by opening and closing their mouths.40 Furthermore, a newborn human shows preference for her/his mother’s voice and for musical pieces to which she/he were previously exposed, which confirms a capacity for a fetus to learn in utero. Studies have shown that prenatally acquired acoustical memory can persist at least 6 weeks after birth.41

Late second trimester and third trimester human fetuses display a number of other advanced cortical functions. The human fetus’ sensorimotor behavior demonstrates the same characteristics later observed in the child’s behavior.40 They show curiosity or intrinsic motivation to explore their body and environment, perform repetitive actions to elicit sensations, react to sensory inputs, display intentionality, and demonstrate goal directed movements.

Human fetuses in utero with gestational ages of 22 weeks or greater are biologically indistinguishable from infants born at 22 weeks – they are vital human beings. They have developed all the essential organ systems, they can perceive pain, they can demonstrate sophisticated behaviors including nascent emotion, they can respond to and learn from familiar tastes and sounds, and they can undergo curative operative therapies as independent patients. The only difference is location. Location should not be the determinant of human value. A human’s inalienable right to life, proclaimed in our Constitution has not, and should not be, contingent on location.


Why do women choose late abortion, how common is the practice, and what are the alternatives?

There is very limited information available in the United States regarding who pursues very late abortions. Most studies suggest women have later abortions for similar reasons that they have early abortions with several caveats.42-44 Age and educational level were not associated with abortions after 16 weeks in one Guttmacher sponsored study.42 Black women were twice as likely to have late abortions. Another study which was based on the baseline Turnaway data concluded that “reasons for seeking abortion are not different whether women sought abortion early or late in pregnancy.”43 They did not find a statistically significant difference between early and late second trimester abortions based on finances, parity, timing of pregnancy, degree of interference with future opportunities, emotional/mental preparedness, health related reasons, prospects for the baby, level of independence/maturity, influences from family/friends or the inability to contemplate adoption. A second study based on the Turnaway data suggested statistically significant differences in the age of the woman (younger patients, later abortions OR 2.7) and time that pregnancy was recognized (before 8 weeks, earlier abortions OR 0.1).44 They also found that women who had late abortions faced more logistical delays (finding a provider, raising funds, and travel costs). Both Turnaway studies excluded abortions for fetal anomalies or life endangerment.

Many people are under the impression that most late abortions are necessitated by terrible fetal anomalies or life endangering conditions. Ron Fitzsimmons, the executive director of the National Coalition of Abortion providers, famously admitted that he lied to Congress and the public when he stated that late abortions are rare and performed primarily to save the lives of women and to prevent them the burden of bearing severely deformed babies.45-46 He stated that late abortion is performed much more commonly than acknowledged and generally on healthy women bearing healthy fetuses. He feared the truth would hurt the cause of abortion rights. This sentiment is echoed by Frances Kissling, president of the Center for Health, Ethics and Social Polity who admitted that “our talking point is, most of these procedures are on women who discover abnormalities late in the pregnancy” even though “we don’t know if that is true”.47 Late abortionists have admitted doing thousands of late abortion procedures annually and only a “minuscule amount” on abnormal fetuses.45 Hillary Clinton famously repeated the false spin that late abortions “are because of medical necessity” during a debate with candidate Donald Trump. This assertion was widely debunked by fact checkers.48 Diana Foster, Professor at the University of California San Francisco’s Bixby Center for Global Reproductive Health stated that “there aren’t good data on how often later abortions are for medical reasons”. Her opinion, based on the limited research and discussions with fellow researchers in the field, was that abortion for fetal anomalies “make up a small minority of later abortions”.48 There are other sources including investigations, blog posts, interviews and documentaries that suggest it is not hard to schedule a late abortion or uncommon to abort an entirely normal fetus after 24 weeks gestation.49-53 One of the few mandatory state databases that confidentially tracks late abortions in Arizona, reported that 80% of abortions after 21 weeks were performed on normal fetuses in 2018.54


There is no mandatory reporting for number of abortions, indications for abortions or complications from abortions in the United States. Consequently, it is difficult to independently assess the practices of late term abortionists and the patients they serve. It is also uncommon for an independent expert to review late abortionists’ practices. In a rare move that resulted in significant controversy/litigation, Kansas Attorney General Phil Kline had Dr. Paul McHugh, University Distinguished Service Professor of Psychiatry at Johns Hopkins School of Medicine, review redacted records of prominent third-trimester abortionist, George Tiller.55 Dr. McHugh reported that he found instances where abortions were obtained for “trivial reasons” (like a desire to play sports) and for psychiatric reasons (such as adjustment disorder, anxiety, and depression) that could have been more appropriately remedied without resorting to late abortion. He indicated that from his review of the records “anybody could have gotten an (third trimester) abortion if they wanted one”.

In Colorado, the Boulder Abortion Clinic advertises elective abortions, (for any reason) to 26 weeks and then to 36 weeks for “medically indicated terminations”.56 Few Colorado abortionists publicly admit performing late/third trimester abortions and Dr. Warren Hern from the Boulder Abortion Clinic is the exception. In a number of newspaper and magazine stories, the impression is given that he only performs late abortions for fatal fetal anomalies and life-endangering conditions of the mother.57-58 However, anecdotal reports and a scientific publication suggests that the Boulder Abortion Clinic is willing to consider later abortions for normal human fetuses.49, 52, 56, 59 Dr. Hern has admitted that 70% of his abortion practice is for normal human fetuses.59 In those 30% of abortions performed for fetal anomaly, he reports that Down Syndrome is his most common indication (24%). Potentially treatable structural anomalies are included in his series (such as spina bifida, aortic stenosis, abdominal wall abnormalities, urinary obstruction, extra digits, fused digits, deformed hands or feet, scoliosis, and cleft lip/palate).59

To obtain Colorado-specific abortion data is extremely difficult. The Colorado Department of Health (CDPHE) collects an (admittedly) incomplete survey of abortion providers (since it is anonymous, not mandated, and there is no enforcement mechanism). In their 2018 Report of Induced Terminations of Pregnancy, 323 abortions were performed after 21 weeks gestation in Colorado (which represents 3.6% of the total abortions performed).60 The corresponding figure for 2019 was 169 or 1.9%.61 The Guttmacher Institute pegs the abortion rate in Colorado approximately 40% higher (based on 2017 data)62 Assuming the CDPHE underestimation persists and is uniformly distributed amongst all gestational ages, this would translate into approximately 452 abortions after 21 weeks in 2018 and 237 in 2019.

There is reason to believe that late abortions are significantly under-reported In Colorado. The precipitous drop in late abortion in 2019 is not credible. Abortions dropped from 277 between 22-24 weeks gestation in 2018 to 123 in 2019.60-61 There is no plausible explanation for this drop other than a decrease in clinic(s) reporting late abortions. The notion of under-reporting is further reinforced by the observation that the Boulder Abortion Clinic can’t be reporting their figures. Dr. Hern’s own published research suggests that he was performing approximately 250 abortions per year with 70% after 22 weeks, and 40% after 26 weeks.59 The 2018 and 2019 CDPHE reports only indicate 12 and 13 abortions were performed after 25 weeks – instead of the estimated 100 abortions performed by Dr. Hern after 26 weeks alone.

How often is it medically necessary to abort a human fetus to preserve the life or health of the mother? Dr. Diane Foster from the University of California San Francisco states that the number is very hard to characterize.48 Although there is almost no literature on the subject, one Maternal-Fetal Medicine expert concludes that this is an exceedingly rare event, perhaps encompassing as few as 4 extremely uncommon conditions: pulmonary hypertension (primary or Eisenmenger’s syndrome), Marfan’s syndrome with aortic root involvement, complicated coarctation of the aorta, and peripartum cardiomyopathy with residual dysfunction.63 These would all likely be adjudicated long before 22 weeks gestation. Dr. Hern has said that he is unaware of a situation where abortion was necessary (as opposed to delivery) to save the life of a mother in the third trimester.64 When a mother has a true medical emergency after 22 weeks gestation, abortion is never the safest approach. Emergent delivery of the baby via cesarean section is considered the medically appropriate option. To pursue a multi-day abortion procedure would be widely perceived to be medical malpractice.

Some women may feel the need to abort their fetus if they discover chromosomal or structural abnormalities. Prenatal screening tests can confirm fetal abnormalities by 18-20 weeks using currently recommended national screening guidelines – first trimester screen or quadruple marker screen, or integrated stepwise sequential/contingent screening, or cell free DNA screening and mid-trimester ultrasound.65 These women who choose to abort these fetuses should not be impeded by a prohibition on abortion after 22 weeks gestation. Similarly, women who have fetuses conceived in rape and choose abortion need not be affected by late abortion restrictions.

There is no question that woman contemplating late abortion make heart-wrenching decisions. They often feel that abortion is their only choice because of lack of support from family/friends. They may be unaware of life-affirming alternatives. Women need to know that in Colorado there are many private and governmental organizations that can provide medical, financial, housing, educational, employment, adoption, emotional and spiritual support to them and their families. They should also be made aware of the many compassionate services that Perinatal hospice offers.

Perinatal loss is one of the most devastating events a family will ever experience. Tragically, many families are unaware that perinatal hospice offers a compassionate, loving, and life-affirming alternative to late abortion for fetuses with life-limiting genetic or congenital abnormalities. Perinatal hospice can improve the mother’s and family’s experience when confronted with a fatal fetal diagnosis.65-67 Perinatal hospice involves a multidisciplinary team that includes obstetricians, perinatologists, labor & delivery nurses, neonatologists, clergy, social workers, midwives and hospice professionals. Together they accompany the family through the pregnancy and birth allowing them to fully embrace and celebrate the abbreviated life of their baby. The baby receives palliative symptom management to ensure a natural and comfortable passing. The family is afforded precious time to hold, feed, bathe, and love their baby. Perinatal hospice provides ongoing bereavement services for a year or more. None of these services are typically provided with a late abortion – families are left on their own to navigate the emotionally wrenching reality of their babies illness and death – in which they were complicit.


Late abortions are performed for the same reasons that early abortions are performed. There may be more abortions for fetal anomalies late in pregnancy, but this is still likely a small proportion overall. Late abortions occur commonly in Colorado, but figures are inaccurate and lack some demographic and medical detail. Late abortions to preserve the life of the mother are a very rarely, if ever, indicated. Perinatal hospice offers a compassionate, life-affirming alternative to late abortion for families struggling with a fatal fetal diagnosis. Late abortion restrictions need not affect the choices for women with chromosomally or structurally abnormal fetuses and those suffering from rape.


How are late abortions performed and are they “humane”?

There are many different abortion techniques and remarkable procedure variability among physicians performing late second trimester and third trimester abortions. This reflects the lack of consensus in the abortion community.

Generally, beginning at 16 weeks gestation, Dilation and Evacuation (D&E) replaces sharp curettage and suction curettage as the surgical abortion procedure of choice.69 During D&E, cervical dilation is achieved over one or more days by osmotic dilators (+/- adjuvant misoprostol) to facilitate the subsequent mechanical destruction and dismemberment of the fetus. Parts of the human fetus grasped/torn from her/his torso are then easily removed through the dilated cervix. A large-bore vacuum curette is used to remove the placenta and remaining tissue. Administration of a pre-procedure feticide such as intraamniotic/intra-fetal digoxin, intracardiac potassium chloride or transection of the umbilical cord sometimes proceeds the D&E.

Dilation and Extraction (D&X) or Intact D&E is similar to the D&E procedure except that a suction cannula is utilized to evacuate the brain after delivery of the fetal human body/legs through the dilated cervix.69 The ensuing collapse of the head facilitates its passage through the cervical canal. In the popular vernacular this procedure is sometimes referred to as “Partial-Birth Abortion”. In order to comply with the Partial-Birth Abortion Ban Act of 2003, fetal demise must be ensured prior to the procedure. This is accomplished using a pre-procedure feticide or by transection of the umbilical cord.

During an Induction Abortion, labor is induced using mechanical means and/or by chemical means after several days of osmotic dilators.69 The human fetus is usually delivered intact. To remain within the framework of the law, fetal demise is achieved prior to delivery using a feticide. This is the method used in third trimester abortions.

Abortion proponents make the claim that fetal death during abortion is more compassionate and painless than natural fetal/infant death in instances where the fetus has a terminal diagnosis. However, there are no published studies comparing the pain/suffering induced during abortion vs. natural fetal/infant death. During D&E, only 30-50% of human fetuses are routinely killed prior to the dismemberment procedure in second trimester abortions.70-71 It is hard to imagine that dismemberment would be less painful than natural death in conjunction with advanced perinatal hospice/palliative care services.

Even for those human fetuses who are killed before they are dismembered or delivered in second and third trimester abortions, there may be substantial suffering. A recent post-mortem MRI study of fetuses who have been administered a feticide indicate secondary pneumothorax – collapsed lung (23%), hemothorax – hemorrhage in lung (42%), pneumopericardium – air around the heart (31%), and hemopericardium – hemorrhage around the heart (35%).72 These fetuses also had higher intraabdominal injuries. This suggests that just the process of injecting the feticide may inflict substantial pain. Furthermore, a highly concentrated potassium infusion can cause intense intravascular burning in normal patients.73 Even though an intracardiac infusion of potassium can kill a fetus within 2 minutes, It’s impossible to ascertain whether the human fetus experiences intense pain prior to its demise.74 Intraamniotic or intra-fetal digoxin is the more commonly used poison to achieve fetal demise.75 A digoxin overdose in older humans causes intense nausea, vomiting, abdominal pain, visual disturbances and delirium.76-78 Digoxin kills by causing severe bradycardia (slow heart rate) culminating in asystole (heart stopping), but it does not kill quickly. It can take up to 4 hours for intra-fetal and up to 24 hours for intraamniotic digoxin to achieve asystole.79-80 Women are routinely told to anticipate “kicks” for hours after the feticide is administered.81 The visual, gastrointestinal, neurological and cardiac manifestations of digoxin toxicity could arguably represent fetal human cruelty. Indeed, if this same methodology was utilized in a death penalty case, it would be considered “cruel and unusual punishment”.

In more candid moments, even abortion advocates sometimes characterize late abortion procedures on human fetuses as “morally abhorrent”.82 It is a form of intimate human violence which is unparalleled in medicine. The only reason that it persists is that the violence is hidden within the confines of the uterus. When the mother (and the broader public) are shielded from the reality of the carnage that is being inflicted on the human fetus, it is easier to rationalize its utility. Since there are no studies on the pain associated with late fetal abortion, to regard this as a painless, humane procedure is either wishful thinking or horribly misguided.


What is the risk to the woman undergoing a late abortion?

Late abortion is associated with significant morbidity and mortality. The precise magnitude of the risk associated with abortion can’t be reliably gleaned from the CDC or state databases because reporting abortion numbers and related complications is not consistently state mandated and never federally mandated. Furthermore, abortion procedures in the US are not linked to other sources of health data such as birth or death certificates making meaningful estimates of mortality rates nearly impossible. Since the system is voluntary and physicians are reluctant to disclose serious complications (including death), under-reporting is also a major problem.83 There have been multiple instances documented where abortion related morbidity and mortality were not captured by the official state/federal databases. Since Colorado does not have require any oversight of abortion clinics (other than low-bar licensing requirements for their nursing/physician employees), there is substantial risk that maiming and death of affected women may go unreported. The Gosnell grand jury report in Pennsylvania should serve as a sober reminder that assuming major injuries and deaths from abortion are reported to and acted upon by civil authorities or medical boards is extremely naïve.84

Even using the admittedly inadequate medical claims/surveillance data, late abortion poses a substantial risk compared to early abortion in both relative and absolute terms. Using California Medicaid billing data, Emergency Department visits and complications were 2.5 times more likely following a second trimester abortion compared to a first trimester abortion.85 Data from the national Abortion Surveillance System indicate that while the overall risk of death from abortion was 0.7/100000 induced abortions, the risk of death increased exponentially (by 38%) for each additional week of gestation.86 CDC researchers found that gestational age was the strongest predictor of abortion-related-mortality.3 In absolute terms, the risk goes from 0.1 deaths/100000 for surgical abortions < 9 weeks to 8.9 deaths/100000 at > 20 weeks.86-87 To put this in perspective, the American Association for Accreditation of Ambulatory Surgery Facilities (AAAASF) compiled a 5 1/2 year database of over 1 million out-patient surgeries performed in ambulatory surgery centers.88 The death rate was 2/100000 for patients that were, on average, significantly older than patients undergoing late abortion. This is only 22% of the mortality rate seen in late abortion. The Canadian counterpart, the Canadian Association for Accreditation of Ambulatory Surgical Centers (CAAASF), conducted a survey that pointed to a death rate of approximately 1/100000 which represents only 11% of the risk of late abortion.89 The risk must be viewed in the context of strict oversight of ambulatory surgical centers in Colorado and the absence of oversight or regulations pertaining to abortion facilities in Colorado.90 Media Trackers reported that “while standard healthcare and out-patient surgical clinics in the state fall under the authority of the Health Facilities division of the Colorado Department of Health and Environment for regular licensing and regulation, Planned Parenthood (and other abortion providers) are not held to the same standard”. Not only does late abortion represent a significant mortality risk to women but the lack of health/safety oversight potentially compounds that risk.

Mortality studies that are based on countries with linked birth, pregnancy, abortion and death registries give an even more stark view of the risk from abortion. In Denmark, the 180-day mortality associated with late abortion (>12 weeks) was 55/100000.91 This is far worse than US surveillance data would suggest and places it in a league with neurosurgery (lumbar discectomy 60/100000), and abdominal surgery (laparoscopic appendectomy, inguinal herniorrhaphy 20/100000, laparoscopic cholecystectomy 200/100000).92-95 While this study is not adjusted for socioeconomic factors, marital status or psychological history, they suggest that mortality risk for women undergoing late abortion might be substantially underestimated in the US.

Some have tried to claim that a legal induced abortion is much safer than childbirth.96 However, others have pointed out that these studies are inherently biased and plagued with differences in ascertainment of deaths, duration of susceptibility to mortality, lack of accounting for gestational age and inappropriate comparators.83 The relative risk of pregnancy associated death between delivery and abortion may be better assessed by looking at countries with linked birth/medical/death databases. A systematic review and meta-analysis suggested that based on 11 studies from three such countries, termination of pregnancy is a marker for reduced life expectancy.97 They found that within a year of their pregnancy outcomes, women experiencing pregnancy loss (from either abortion or natural loss) were twice as likely to die compared to women giving birth. In Denmark, this adverse mortality rate persisted for 10 years.91 While there could be confounding variables complicating this analysis, the notion that abortion leads to better health outcomes is unlikely (and certainly speculative without more rigorous research).

The morbidity associated with abortion also increases with gestational age. A large retrospective study from the University of California San Francisco suggested that the complication rate for second trimester abortions was 9.8% (including cervical laceration, hemorrhage, uterine atony, anesthesia complications, uterine perforation, disseminated intravascular coagulation, and retained products of conception). Major life-threatening complications (complications requiring hospitalization, transfusion, or further surgical intervention) occurred in 1.7% of patients.98 Any of these complications increased with each additional week of gestation beyond 20 weeks. Another study observed that for each one-week increase in gestational age, there was a 7.1% increase in estimated blood loss.99 Unfortunately, there are no published studies specifically addressing the likely extremely high morbidity/mortality associated with third trimester abortions.

Long-Term health effects of abortion are controversial.3 Retrospective studies suggested a correlation of abortion with breast cancer. Better, case control studies suggested no correlation. There appears to be an association of abortion with postpartum hemorrhage in later pregnancies, but the mechanism is undefined. Late abortions may result in an increased risk for premature birth in subsequent pregnancies (aOR= 1.13, 99% CI 0.91-1.4). This trend becomes statistically significant for women who have had multiple abortions.3 Researchers have found a dose-response relationship between the number of prior abortions and the risk for extreme premature birth. The correlation between late abortion and/or multiple abortions with extremely premature birth and very low birth weight was more recently corroborated by a large Finnish national registry study.100 Since black women have, on average, more late abortions and more multiple abortions, one might speculate that the scourge of increased infant mortality (tied largely to premature birth and low birth weight infants) in the black community could be partially caused by abortion.

The adverse effects of abortion on mental health is particularly controversial. Recent reviews cited by abortion proponents rely heavily on the methodologically flawed Turnaway study to conclude that abortion is not associated with new mental health disorders.3 Better studies from Denmark utilizing national health registries suggest that abortion is a powerful marker for, rather than a cause of, affective disorders and suicide attempts.101-102 Other recent studies from America, China, and Korea suggest adverse mental health outcomes related to abortion.103-106

A balanced synthesis of the literature suggests several consensus opinions regarding the nexus between abortion and mental health:

 “1) abortion is consistently associated with elevated rates of mental illness compared to women without a history of abortion,

 2) the abortion experience directly contributes to mental health problems for at least some women,

 3) there are risk factors, such as pre-existing mental illness, that identify women at greatest risk of mental health problems after an abortion.”107

The risk of affective disorder and suicide ideation may be even more pronounced after the abortion of a wanted pregnancy – such as for fetal anomaly or maternal indications.108 Adverse mental health associations or effects may be tied with increased mortality in women having induced abortion.91, 97, 109

Conclusions:

Late abortion is extreme by any measure and should be prohibited. Passing Proposition 115(formerly Initiative 120) is not only medically/morally correct, it is consistent with the views of a majority of Coloradans. Very few countries in the world permit abortion after 20 weeks. Most Americans, regardless of their political affiliation, feel that abortion should be illegal late in pregnancy. A 22-week fetus in biologically indistinguishable from a baby born at 22 weeks. There is scientific evidence that a 22-week human fetus demonstrates all the fundamental characteristics of more developed humans, including the ability to perceive pain and perform sophisticated behaviors. The reasons women choose late abortion are similar to the reasons that women choose early abortion. Most late abortions are performed on normal human fetuses. For those tragic situations where a human fetus has a life-limiting prognosis because of a genetic or congenital fetal abnormality, perinatal hospice offers a compassionate, life-affirming alternative to late abortion. Late abortions are violent procedures that commonly involve the crushing and dismemberment of the human fetus. Late abortions pose a substantial morbidity and mortality risk to the pregnant woman, which is further exacerbated by the lack of regulatory oversight. Long term sequelae of abortion include the risk for future premature birth and adverse future pregnancy outcomes. There may be an increased risk of early mortality in women who have abortion compared to women who deliver babies. This may be related to antecedent poor mental health in women who choose abortion and possibly adverse long-term mental health outcomes from abortion.


Thomas J. Perille MD

Head, Medical Advisory Team, Coalition for Women and Children

Democrats for Life of Colorado

Revised June 2020



References:

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  3. Committee on Reproductive Health Services. The Safety and Quality of Abortion Care in the United States. Washington DC: The National Academy Press, 2018.

  4. The Editorial Board of the New York Times. (2018, December 28). A Woman’s Rights. The New York Times. Retrieved from https://www.nytimes.com/interactive/2018/12/28/opinion/abortion-murder-charge.html January 10, 2019.

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By Tom Perille MD November 9, 2025
Overview of the problem Conventional wisdom suggests that abortions are safe and there is little need for procedure specific regulations to ensure public health and safety. This is based on widely cited publications such as the National Academies Report entitled “The Safety and Quality of Abortion Care in the United States”.(1) The problem with these assessments is that they don’t differentiate risks based on gestational age or procedure type. First trimester abortions are done almost exclusively using drugs or aspiration techniques. They represent approximately 90% of abortions in Colorado based on the latest CDPHE data from 2023. Second trimester abortions are primarily performed using Dilation and Extraction (D&E), which poses a substantially increased risk. Third trimester abortion commonly uses a variation of Dilation and Extraction (D&X) whose risks dissuade even most abortionists from attempting. Since serious complications are uncommon in first trimester abortions, a global quantification of abortion risk will systematically understate the risk posed by second and third trimester abortions. According to the CDC, for each additional week of gestation beyond 8 weeks, the risk of dying from abortion increases by 38%.(2) The mortality from an abortion performed at 21 weeks or more is 77 times higher than the mortality from an abortion at 8 weeks or less based on data from the CDC between 1988-1997.(2) The latest CDC abortion mortality research encompassed data from 1998-2010 and confirmed the earlier findings and emphasized that gestational age was the best predictor of mortality. (3) Reviews of abortion safety commonly miss the vital fact. One commonly repeated assertion is that “the risk of death associated with childbirth is 14 times higher than with abortion”.(33) This ignores the reality that when incorporating gestational age into the determination, the risk of dying from a second trimester abortion at 18 weeks is nearly twice as high as the risk of dying from natural childbirth.(3, 34) For abortions performed at 18 weeks or greater the mortality from abortion is 6.7 deaths/100000 abortions and the rate increases to 8.9/100000 at 21 weeks or greater. (2,3) The risk of dying during natural childbirth is only 3.6/100000. (34) Another pertinent comparison is the risk relative to ambulatory surgical centers. The mortality rate at ambulatory surgery centers certified by AAAASF is 2/100000 based on a study from the US.(6) A survey of accredited Canadian ambulatory surgical centers indicates an even lower rate of 1/100000. (7) This suggests that late abortions are 4-8 times more deadly than ambulatory surgeries. Ambulatory surgical centers are licensed, regulated and inspected in Colorado, but second and third trimester abortion clinics are not. Morbidity related to abortion increases exponentially by gestational age just as mortality. Minor and major complications of D&E second trimester abortions are increased for each additional week of gestation. (4) For example, each one week increase in gestation has been associated with a 7.1% increase in mean estimated blood loss. (5) This is relevant since hemorrhage is the most common cause of death in the second trimester. (2) Abortion advocates often compare the risk of abortion to other common medical procedures to make the case that abortions are safe. But they routinely compare global mortality rates rather than gestational specific rates. Facilities that perform colonoscopies are not regulated but they pose 1/3 the risk of 21-week abortions. (1) Plastic Surgery poses only 8-19% of the risk of late abortion and are typically performed in regulated facilities. (1) Adult tonsillectomies pose 32-70% the risk of late abortion and are performed in either a hospital or ambulatory surgical center. (1) Assessments of abortion safety also suffer from a lack of reliable statistics since the US doesn’t have a national health registry to accurately correlate pregnancy outcomes with maternal morbidity or maternal deaths. Submission of abortion data to the CDC is voluntary and consequently incomplete. To identify abortion related deaths the CDC relies on the Pregnancy Mortality Surveillance System (PMSS) that is based on death records, media reports, and case reports from public health departments and state maternal mortality review committees. This has been shown to underestimate abortion-related mortality when compared to countries such as Finland with robust national health registries. (8) In contrast to the US, Finland has universal health coverage and can identify abortion related deaths through a comprehensive health registry that allows linkage between pregnancy, abortion, and death. If Finland relied on death records alone, which is the primary source in the US, 73% of maternal deaths from abortion would be missed. The other common problem with publications exploring the risk of abortion is that they often rely on large medical claim databases which systematically underestimate the number of patients who have had an induced abortion and inadequately quantify complications for those that did. (9) Even with the methodological limitations of these studies, the risks of second trimester abortions are markedly higher than the risks of first trimester abortions. (10) Second and third trimester abortion practice represents an opportunity for both prolife advocates and abortion rights advocates to find common ground. Those who follow a prolife ethic are motivated by an abiding love for both the woman and her preborn baby. They abhor abortion and don’t want to see women harmed by the procedure. Abortion rights supporters want what is best for women and don’t want access to abortion to override their concerns for the health and safety of women. Evidence-based regulation of second and third trimester abortion facilities to protect women’s lives is consistent with both ideologies. Specific Risks of Second and Third Trimester Abortions There were 1220 second trimester abortions and 137 third trimester abortions reported to the CDPHE in 2023. This represented 8.3% and 0.9% of all abortions in Colorado. Abortions performed after the lower limit of fetal viability numbered 468 - which represents 3.2% of all abortions. While prospective double-blind placebo-controlled trials are considered the gold standard in establishing objective assessments of clinical risk, they aren’t feasible for abortion since it would be unethical to submit women seeking abortion to different clinical procedural arms. Consequently, to understand the specific procedure and gestational age specific risks of late abortion, the best evidence is obtained from large retrospective case series from abortion centers across the US. The largest series of second trimester D&E abortion complications was reported from the University of California San Francisco which is recognized as the premier center for abortion research in the country. (4) They demonstrated a 9.8% risk of any complication including cervical laceration, hemorrhage, uterine atony, anesthesia complications, uterine perforation, disseminated intravascular coagulation, and retained products of conception in over 4500 D&E procedures. There was a 1.7% incidence of serious, life-threatening complications including those requiring hospitalization, transfusion, or further surgical intervention. Second trimester surgical abortion was associated with a 37% risk of greater than 500 ml hemorrhage and 8% risk of greater than 1000 ml in lower volume abortion centers in South Carolina. (5) (For reference, a whole unit of blood is 450 ml). Blood transfusion was administered to 3.73% of patients. A study from our own University of Colorado demonstrated a 5.6% risk of cervical injury and a 4.2% risk of hemorrhage of greater than 500 ml in women undergoing suction D&C and D&E abortion in the second trimester. (11) There was a 2% risk for hospitalization. Pregnancies sometimes involve complex comorbidities in the women or placental abnormalities with the fetus. This can further raise the risk from induced abortion which may not be recognized in unregulated clinic settings. In a large high volume referral abortion clinic in New York’s, 14.2% of patients undergoing D&E abortion from 15 to 24 weeks gestation had placenta previa (PP) by ultrasound. (12) Second trimester surgical abortion was associated with a 1.3% risk of major hemorrhage requiring transfusion in those without PP but in 3.4% of those with PP. Hemorrhage greater than 500 ml was observed in 4.2% of normal patients but 12.6% of women with PP. This would be hard to manage in an unregulated, lower volume second or third trimester abortion clinic in Colorado. Medical abortion into the second trimester is also legal in Colorado, although this represents an off FDA label use. They may be performed in unregulated abortion clinics although prudent clinicians would choose a hospital setting. They pose additional risks to the women undergoing this procedure. Second trimester medical abortions are associated with a 33% risk of any complication and a 6% rate of serious complication based on a study from Northwestern and Rush Universities in Chicago. (13) There is a 16% risk of hemorrhage and a 2.2% risk for hemorrhage requiring transfusion. There is a 0.5% risk for ICU admission, 12% risk for retained placenta requiring surgery, and a 12% risk of infection requiring antibiotics. If there is a history of one or more prior C-sections, these risks are substantially increased – 56% risk of any complication and 19% risk of serious complication. A second study from Rush University suggested that second trimester medical abortion was associated with a 1% risk of major hemorrhage requiring transfusion, 13% risk of hemorrhage greater than 500 ml, 17% risk of suspected infection requiring antibiotics, 6% risk of retained placenta, and overall complication rate of 17%. (14) Another second trimester medical abortion study performed at Thomas Jefferson University Hospital in Philadelphia demonstrated a 1.6% incidence of severe hemorrhage requiring transfusion, 14% had retained tissue requiring D&C and 9.5% chorioamnionitis requiring antibiotics. (15) A small outlier study from the Medical College of Wisconsin showed no statistically different rate of complications from D&E compared to medical induction abortions in the second trimester. (16) The complication rate ranged from 1.3 to 7% and included hemorrhage, retained tissue requiring manual or D&C removal. There is little data on the risk of third trimester abortions since they are rare outside a handful of states that permit them, including Colorado. Third trimester abortions (like many later second trimester abortions) involve the injection of a feticide which carries its own independent risk for adverse events. (17) Because third trimester abortions in Colorado incorporate surgical instruments as well as drugs to extract the fetus, it can be anticipated that there is substantial risk to the woman – akin to instrument augmented deliveries. (18) Risk Beyond the Aborted Pregnancy There are risks to women that extend beyond those which are manifest immediately post abortion. Abortion facilities still have a vital role to play by ensuring comprehensive informed consent and mitigating these more latent risks. It is well established that women who seek abortion have a much higher antecedent history of mental health disorders than women who give birth. (22) However, it is also now clear that women seeking abortion are at increased risk for exacerbations of mental illness post abortion. Abortion advocates primarily point to survey-based studies to bolster their claims that abortion is neutral, or even positive with regards to mental health outcomes. (21-22) However, even studies using this methodology point to a markedly increased incidence of substance abuse post abortion. (21) The Turnaway study is most often cited by national media to dismiss concerns about the harm to women’s mental health caused by abortion. (35) It shows no negative mental health effects of abortion up to 5 years post procedure. This study is fatally flawed (like most other survey-based studies) because of its small sample size, excessive dropout, and obvious susceptibility to selection bias, response bias, reporting bias, and social responsibility bias. (36) Women with the most negative abortion experience are the least likely to participate in abortion survey-based research which predictably skews the results. To better establish the impact of abortion on women’s mental health, national registry studies and large cohort studies that evaluate “hard” outcomes like mental health diagnoses/visits, mental health and substance abuse hospitalization, and mental health related deaths are more credible. A large study from Canada, which was adjusted for confounding variables, showed a marked increased risk for hospitalizations for psychiatric disorders (increased 81%), substance abuse disorders (increased 157%), and suicide attempts (increased 116%) in those who had abortions rather than other pregnancy outcomes. (37) While those with an antecedent mental health disorder were most dramatically impacted, the effect was also seen in those women without a history of mental health issues. The Canadian study built on research from multiple other countries, including the US, that demonstrated that women who had abortions were at greater risk for mental health problems and death. (38-41). In addition to concerns for mental health, there is a growing body of literature which attests to the deleterious effects of abortion on future pregnancies. Individual studies (42-44) and meta-analysis (45-47) have demonstrated that surgical abortions are associated with premature birth in subsequent pregnancies. One of the most recent meta-analysis points to a 4.08 times increased risk for cervical insufficiency – leading to premature birth - in women who undergo surgical abortions. (48) This is important because premature birth is associated with both increased maternal and infant mortality. (49) Induced abortion (and spontaneous abortion) has also been shown to result in abnormalities in the placement/depth of the placenta in the uterus. (50) The suspected common theme is sharp curettage and the resulting damage to the uterine wall in surgical abortions (and other uterine surgical procedures). Studies suggest a marked increase in placenta previa and placenta accreta spectrum disorders – anywhere from a 36% increase to as much as a 190% increase. (51-55) The relationship between surgically induced abortion and placental abnormalities is significant because both are associated with markedly increased maternal and infant morbidity and mortality. The other impact on future pregnancies may be an increased need for C-section – which was increased 44% in one study. (55) It shouldn’t be surprising that C-section rates might increase, in whole or partly, related to the impact of surgical abortion and sharp curettage on placental abnormalities. Finally, although the literature is mixed, there is some concern that the scourge of infertility in our country and beyond could be partially related to the impact of surgically induced abortion. (56) Reducing Reproductive Age Women’s Morbidity and Mortality is a Priority in Colorado Maternal mortality, which includes abortion-associated and abortion-related mortality, is a scourge in our nation and in the state of Colorado. Maternal mortality includes death from any cause within one year of pregnancy. The pregnancy can end by live birth, miscarriage, stillbirth, or abortion. Pregnancy-related deaths are a subset of pregnancy associated deaths and are due directly to a complication of pregnancy/abortion or a chain of events initiated by pregnancy/abortion. These could include suicide and overdose, or the aggravation of an unrelated condition exacerbated by the physiological effects of pregnancy or abortion. As in the rest of the United States maternal mortality in Colorado disproportionately impacts people of color, individuals living in poverty, those with less than a high school education, those over the age of 40 and those living in “frontier” areas. (19) Maternal mortality is the “tip of the iceberg” since maternal morbidity is a much larger problem. For every woman that dies as a result of her pregnancy, it is estimated that 20 or 30 more will experience significant life-long complications. (20) The Colorado Maternal Mortality Prevention Program (MMPP) aptly states that “every person has the right to a safe and healthy pregnancy”. Unsafe second and third trimester abortion clinics are a direct challenge to this basic right. The Colorado Maternal Mortality Review Committee (MMRC) reported 174 pregnancy-associated deaths and 80 pregnancy-related deaths between 2016 and 2020.19 These numbers include abortion associated and abortion-related deaths. There has been significant progress made in delivery-related mortality, which is an important component of pregnancy-related mortality. There has been a uniform decrease in delivery related mortality across all racial and ethnic groups, age groups, and modes of delivery between 2008 and 2021. (20) This has been attributed to national and state strategies focused on improving maternal quality of care using evidence-based bundles during delivery related hospitalizations. There has not been a similar national or state strategy to institute evidence-based bundles for second and third trimester abortion clinics. While some conscientious facilities may institute these best practices on their own, this represents an opportunity for the legislature to have a significant role in reducing maternal morbidity and mortality by instituting a licensing, regulatory, and an inspection regimen under the auspices of CDPHE for these clinics. The MMRC has recommended that “health care facilities should implement evidence-based safety bundles”. (19) They add “there should be a specific focus on implementing bundles that address supporting patients with substance abuse disorders and mental health challenges.” A second recommendation is that “all health care providers should use evidence-based screening tools (e.g., PHQ-9, EPDS, C-SSRS) for mental health, substance use, suicidality, intimate partner violence, and social determinants of health including social support, housing, and barriers to care.” These recommendations from the MMRC are particularly pertinent to abortion care since women who seek abortions have significantly more mental health disorders compared to women who seek childbirth. (21) One high quality registry study suggested that women seeking an abortion were 4 times more likely to have a mental health disorder than women before a normal delivery. (22) They are much more likely to suffer from an anxiety disorder, mood disorder, substance use disorder, and suicidal ideation. Furthermore, abortion is twice as likely to trigger a substance use disorder as compared to childbirth. (21) Colorado has the second highest percentage (19.4%) of pregnancy-associated deaths from suicide in the country. (23) Significantly, 19.4% of Colorado’s pregnancy-associated deaths are from drug overdose and 10% from homicide. Besides standardizing the approach to anticipated complications of second and third trimester abortions (such as hemorrhage, infection, and anesthesia complications), there is a huge opportunity for abortion clinics to improve outcomes if they employ proper screening techniques and have access to a multidisciplinary team that addresses mental health, substance use disorders and domestic violence. What requirements should the state emphasize when exercising oversight of second and third trimester abortion clinics? There is a range of premorbid conditions and abortion procedures that necessarily entail increased risk, and the state should determine which can safely be performed in an out-patient setting and which require hospital care. Since hemorrhage is the most urgent and life-threatening complication of a second trimester abortion, the state CDPHE should develop regulations and an inspection schedule that ensures abortion patients have access to care that minimizes the risk of hemorrhage and affords prompt treatment options. Studies suggest that actual blood loss is twice as high as estimated blood loss and therefore hemorrhage can quickly result in a critically ill woman or exacerbate any antecedent medical conditions. (24-25) Each clinic should ascertain whether the patient has a prior uterine scar, the gestational age of the fetus, the quality of cervical preparation, body mass index, procedural experience, fetal demise, and what kind of anesthesia is appropriate. (27) These all can impact the magnitude of hemorrhage following a D&E. They should have access and protocols for use of methylergonovine, misoprostol, oxytocin, vasopressin, tranexamic acid, and other novel agents to prevent or mitigate hemorrhage. Protocols to transfer patients in need of tertiary treatments such as uterine artery embolization, laparoscopy, laparotomy, or hysterectomy should be developed. A clinic should also be adept at administering anesthesia, including conscious sedation, and responding to anesthetic complications. They should have protocols in place to address uterine perforation and infectious complications – even if these patients are more likely to present to an emergency department or urgent care center. Procedures/protocols that minimize forceful dilation of the cervix using osmotic dilators and prostaglandins should be instituted and monitored to mitigate the increased risk for subsequent premature birth. Mental health should be part of preprocedural screening performed at late abortion facilities. The risk for mental health exacerbations should be stratified to target specific postprocedural mental health interventions and support. Screening should incorporate tools for domestic violence and substance abuse, besides mental health disorders. Informed consent should reflect all the risks from late abortion – the immediate risks including hemorrhage but also the risks to the women’s health and the health of their baby during future pregnancies. Second and Third trimester abortion facilities should be required to follow clinical best practices and conduct quality review of all cases of severe maternal morbidity and mortality. The American Association of OB/GYNs (ACOG) recommends that clinicians “characterize the events, diagnoses, and outcomes involved; and to determine if an identified morbidity is judged to have been potentially avoidable and, thus, present opportunities for system change and improved future performance.” (26) Is a clinic regulation law simply a solution in search of a problem? The abortion industry will argue that abortion is safe and that if there is a significant problem, it would already be obvious – despite the enumeration of the risks outlined above. The reality is that because of the stigma from abortion, patients are unlikely to seek redress for significant complications. They may indicate (or be told to say) that they are having a miscarriage rather than an induced abortion when presenting to an emergency department with complications. And we know that even health departments and prestigious medical centers, will turn a blind eye to abortion complications in service to what they perceive as the greater good – unfettered access to abortion. To understand the magnitude of the problem recognizing and reporting egregious public health and safety practices at abortion facilities, you simply have to peruse the details from the Grand Jury Report on Kermit Gosnell – the abortion provider currently serving time in prison for murder following decades of deplorable abortion practices. (27) The Pennsylvania Department of Public Health and Safety deliberately chose not to enforce law that would afford patients at abortion clinics the safeguards and assurances of quality care as patients of other medical providers. The Grand Jury stated that “the medical practice by which he carried out this business was a filthy fraud in which he overdosed his patients with dangerous drugs, spread venereal disease among them with infected instruments, perforated their wombs and bowels – and, on at least two occasions, caused their deaths.” “Over the years, many people came to know that something was going on here. But no one put a stop to it.”. Even the world class Hospital of the University of Pennsylvania and the Presbyterian Hospital turned a blind eye to women who presented with life-threatening complications from Gosnell’s clinic. Gosnell is not an isolated rogue actor, since there are dozens of examples of gross medical negligence at abortion clinics from New Jersey to Florida, and from Pennsylvania to Indianna/Michigan and California. If robust Department of Public Health and Environment licensing, regulation, and inspections were in place, none of these regrettable tragedies would happen. Here in Colorado, Mediatrackers first drew attention to the lack of regulation at abortion clinics in Colorado in 2013. (28) This was prompted by a malpractice lawsuit against Planned Parenthood of the Rocky Mountains that alleged malpractice and health standard violations. They found that Planned Parenthood abortion clinics were not held to the same standards as other facilities which are regulated by CDPHE. Planned Parenthood’s only state oversight consists of the licensure of physicians, nurses and pharmacists who must maintain the requirements of the Colorado State Board of Health, the Board of Nursing, and the Board of Pharmacy. They also operate within the constraints of OSHA (Occupational Safety and Health Administration) and CLIA (Clinical Laboratory Improvement Amendments). There is no state licensing, regulatory, or inspection requirements for public health and safety at abortion facilities in Colorado despite receiving millions of dollars of direct aid from the state. Another factor which is underappreciated is the fact that 29% of the abortions reported to CDPHE in 2023 were performed on out-of-state residents. Colorado is obligated to ensure quality care for these women so that don’t suffer severe complications after they return home. This could delay appropriate care, worsen the severity of the complication, and have implications for their long-term health. Out-of-state women probably assume that the State of Colorado has their back with appropriate, evidence-based licensing, regulation, and inspections. Finally, the truth is that there is a global shortage of abortion providers and few OB/GYNs wish to include abortion in their practices. (29) There is a negative public perception of abortion providers, even if the public broadly supports abortion rights. According to a recent survey conducted by KFF after the Dobbs decision, only 7% of OB/GYNs offer telehealth abortions, 14% in-person drug induced abortions, 13% aspiration abortions, and 12% D&E abortions. (30) Dr. Warren Hern, the prominent second and third post-viability abortionist who until recently practiced (at age 86) at the Boulder Abortion Clinic acknowledges the problem of maintaining and recruiting quality abortion providers in his recent book Abortion in the Age of Unreason. (31) He lamented that there were two kinds of abortion providers. There are those motivated by “altruistic” concerns to help women and sacrifice much to deliver that care in a hostile environment. The second kind of abortion provider is the “commercial” provider who “cuts corners on patient care” and which is the “choice of many abortion providers”. Even Planned Parenthood which has 11 clinics in Colorado isn’t immune from allegations of putting the abortion “mission” above the health and safety of women. (32) The expose reported that “Planned Parenthood has enjoyed a fund-raising boom …but little of it goes to the state affiliates to provide health care at clinics. Instead, under the national bylaws, most of the money is spent on the legal and political fight to maintain abortion rights.” They went on to observe that “employees at various affiliates said it was common to run out of over-the-counter pain medication and I.V. flushes. Salaries are so low that it is not unusual for staff members to qualify for Medicaid and federal food assistance.” As a result of high staff turnover, they say that “they did not receive adequate training for patient intake, blood draws and other tasks.” “Dozens of current and former employees also said that their complaints were met with reminders that they were in a “mission moment,” meaning a time of crisis for reproductive rights so urgent that it overshadowed their concerns.” In this kind of environment would-be whistleblowers remain silent. Women’s health and safety is a secondary consideration because as one employee observed, “we’re afraid of damaging the mission”. Given the risks, there is a compelling argument to be made why the state must act now to ensure the health and safety of women pursuing second and third trimester abortions in Colorado. Not only is there a large risk to women who undergo late abortion in the best of circumstances, but Colorado’s proabortion environment sets the stage for poorly qualified bad actors to come to the state to pursue remuneration for abortion services without regard for the women they may injure or even kill through their negligence. In 2025 alone, there has been at least one death of a young woman post abortion and numerable reports of emergent ambulance transfers from second/third trimester abortion facilities suggesting severe complications. There is no way to differentiate anticipated complications from a procedure known to be high risk from medical negligence/malpractice without state oversight. Conclusion Amendment 79 enshrined access to abortion at any time for any reason in the state constitution. Colorado voters could not imagine at the time that they might be casting a vote to undermine the health and safety of women. Second trimester D&E abortions have a 10% complication rate and at least a 1.7% risk of severe, life-threatening complications such as severe hemorrhage and uterine perforation. At lower volume centers or using different techniques, or with underlying comorbidities and/or placental abnormalities, the complication rate can be as high as 56%. Hemorrhage is the greatest short-term risk and can be rapid and massive. Second and third trimester abortion clinics should be adequately prepared to minimize the risk for hemorrhage and mitigate its severity once established. They should be required to maintain a robust quality/peer review process. There is also an important role for screening tools given the high incidence of mental health and substance abuse disorders in abortion patients. Oversight should not be limited to direct procedural regulations. Since late abortion not only poses an immediate risk to the health of a woman but also to the prospects of any future pregnancy and wanted child, review of the informed consent process is also crucial. It is past time for Colorado to have CDPHE establish basic licensing, regulatory, and inspection authority over second and third trimester abortion facilities. CDPHE already has jurisdiction for other medical facilities with markedly less risk for significant morbidity and mortality. Updated 11/8/2025 Thomas J. Perille MD FACP FHM President, Democrats for Life of Colorado Vice President, Colorado Chapter, AAPLOG References 1. The National Academies of Sciences, Engineering, and Medicine, The Safety and Quality of Abortion Care in the United States 2018; pages 45-93. The National Academies Press, Washington DC. 2. Bartlett LA, et.al., Risk factors for legal induced abortion-related mortality in the United States. Obstetrics & Gynecology 2004; 103(4): 729-737. 3. 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Int J Gyecol Obstet 2023; 160: 145-149. 15. Achenbach AE, et.al., Cervical ripening with laminaria tents prior to second trimester induction of labor. Journal of Maternal Fetal & Neonatal Medicine 2022; 35(25): 5807-5812. 16. Jacques L, et.al., Complication rates of dilation and evacuation and labor induction second trimester abortion for fetal indications: A retrospective cohort study. Contraception 2020; Aug:102(2):83-86. 17. Tesfaye HT, et.al., Drugs used to induce fetal demise prior to abortion: a systematic review. Contraception 2020; X2: 1-7. 18. Black M and Murphy DJ, Forceps delivery for non-rotational and rotational operative vaginal delivery. Best Practice & Research Clinical Obstetrics and Gynaecology 2019; 26:55-68. 19. Maternal Mortality in Colorado, 2016-2020. Colorado Department of Public Health and Environment. 2023 20. Fink DA et.al., Trends in Maternal Mortality and Severe Maternal Morbidity During Delivery-Related Hospitalizations in the United States, 2008-2021. 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Accessed 2/13/2025 https://www.acog.org/clinical/clinical-guidance/obstetric-care-consensus/articles/2016/09/severe-maternal-morbidity-screening-and-review. 27. Kermit Gosnell Grand Jury Report, First Judicial District of Pennsylvania, Criminal Trial Division 2008. 28. Mediatrackers, Planned Parenthood Clinics Not Regulated by Colorado Health and Medical Standards. March 18, 2013. 29. Merner B et.al., Health providers’ reasons for participating in abortion care: A scoping review. Women’s Health 2024; 20:1-25. 30. Kaiser Family Foundation. A National Survey of OBGYNs’ Experiences After Dobbs. Accessed February 13, 2024. https://www.kff.org/report-section/a-national-survey-of-obgyns-experiences-after-dobbs-report/. Published Jun 21, 2023. 31. Hern W, Abortion in the Age of Unreason. Page 223. Routledge Publishing 2025. 32. Benner K, Botched Care and Tired Staff: Planned Parenthood in Crisis. New York Times, February 15, 2025. Accessed February 15 at https://www.nytimes.com/2025/02/15/us/planned-parenthood-clinics.html. 33. Raymond EG and Grimes DA, The Comparative Safety of Legal Induced Abortion and Childbirth in the United States. Obstetrics & Gynecology 2012; 119: 215-219. 34. American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, Obstetrics & Gynecology, Safe Prevention of the Primary Cesarean Delivery 2014; 123:693-711. 35. Biggs MA, et.al., Women’s Health and Well-being 5 Years after Receiving or Being Denied an Abortion, JAMA Psychiatry 2017; 74(2): 169-178. 36. Reardon RC. Turnaway Study Report Unethically Violated Participants’ Privacy and Misleads Public with a Non-representative Sample, Selective Reporting and Overstated Conclusions. Issues in Law & Medicine 2024; 39(2): 140-169. 37. Auger N, et.al., Induced abortion and implications for long-term mental health: a cohort study of 1.2 million pregnancies. Journal of Psychiatric Research 2025; 187: 304-310. 38. Gissler M, et.al., Injury deaths, suicides and homicides associated with pregnancy, Finland 1987-2000. European Journal of Public Health 2005; 15(5): 459-463. 39. Reardon DC, et.al., Deaths associated with pregnancy outcomes: a record linkage study of low-income women. Southern Medical Journal 2011; 95(8): 834-841. 40. Coleman PK. Abortion and mental health: quantitative synthesis and analysis of research published 1995-2009. British Journal of Psychiatry 2011; 199: 180-186. 41. Mota NP, et.al., Associations between abortion, mental disorders, and suicidal behavior in a nationally representative sample. Can J Psychiatry 2010; 55(4): 239-247. 42. Klemetti R et.al., Birth Outcomes after induced abortion: a nationwide register-based study of first births in Finland. Hum Reprod 2012: 27(11): 3315-3320. 43. Bhattacharya S et.al., Reproductive Outcomes following induced abortion: a national register-based cohort in Scotland. BMJ Open 2012:2:e000911.doi:10.1136/bmjopen-2012-000911. 44. Oliver-Williams C, et.al., Changes in Association between previous therapeutic abortion and preterm birth in Scotland, 1980-2008: A Historical Cohort Study. PlOS Med 10(7): e1001481.doi10.1371/journal.pmed.1001481 45. Shah PS, et.al., Induced termination of pregnancy and low birthweight and preterm birth: a systematic review and meta-analysis. BJOG 2009; 116(11): 1425-1442. 46. Saccone G, et.al., Prior uterine evacuation of pregnancy as independent risk factor for preterm birth: a systematic review and metanalysis. Am J Obstet Gynecol 2016; 214(5): 572-591. 47. Lemmers M, et.al., Dilation and curettage increases the risk of subsequent preterm birth: a systematic review and meta-analysis. Hum Reprod 2016; 31(1): 34-45. 48. Brittain JJ, et.al., Prior spontaneous or induced abortion is a risk factor for cervical dysfunction in pregnant women: a systematic review and meta-analysis. Reproductive Sciences 2023; 30: 2025-2039. 49. 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October 29, 2025
We live in a state with a radical libertarian streak which impacts both Democrats and Republicans. The zeal for personal autonomy overshadows the reality that we are each inexorably dependent on each other. It makes solidarity a principle which always is relegated to the shadows. As DFLCO members, we aspire to promote a different cultural reality. Autonomy is important but not our overriding principle. Rather than seeking our own self-interest, we choose to promote the common good. We recognize the inalienable rights so eloquently outlined in our national founding documents. We promote the value and dignity of every human life from conception to natural death. Age, race, ethnicity, sex, sexual orientation, cognitive/physical abilities, or wealth do not determine one’s value. There is no better example of the conflict between autonomy and solidarity than with abortion – especially late abortions. In mid to late second trimester abortions, we sacrifice the life of vital, viable human beings at the altar of personal autonomy. Abortion advocates manipulate the media and appropriate science to achieve their ideological goals. They advance false narratives such as abortion is “healthcare”, that abortion is “safe”, and that a women’s education/career are ruined if they are faced with an unplanned pregnancy. Rather than empower women, abortion advocates suggest that women are too weak to rise to the challenge of an unexpected pregnancy. They advance a very patriarchal view of human progress. They would have us believe that unless a woman can divorce herself from her fertility – like a man – she cannot flourish. That abortion advocates don’t primarily care about women’s health and safety is most vividly illustrated by their visceral opposition to second and third trimester abortion facility regulation. Most recently, every Democrat on the House Health and Human Services Committee voted against HB25-1252 which would have instituted prudent health/safety regulations for these facilities. They ignored the fact that the state’s Department of Public Health and Environment provides oversight for every medical facility that performs complex medical/surgical procedures. The only exception has been and continues to be abortion facilities. As DFLCO members, we are challenged to steer the Democratic party away from one of its most egregious errors in the history of the party (other than the 1800s era endorsement of slavery). Rather than stand up for the most vulnerable and marginalized, when it comes to abortion, the current Democratic party targets these individuals. One of the most effective ways to change Democratic hearts is to expose them to the reality of abortion – especially how late abortion harms women and kills a precious young human being. DFLCO has elected to draw attention to the two third trimester abortion facilities in Colorado – A Women’s Choice Healthcare Clinic in Aurora and the RISE Collective in Boulder. (There are a host of other abortion facilities that perform abortions beyond the lower limit of fetal viability which is 21 weeks). We are developing a strategy to educate Coloradoans to the risks to women’s lives posed by these facilities. To this end, DFLCO is one of the organizers of an educational event in Boulder on November 9. The event will be held in the Canyon Theater at the Main Boulder Library at 2PM. In lieu of our regular bimonthly meeting, DFLCO members are encouraged to attend this event which features Colorado based and national speakers. DFLCO President, Tom Perille MD, will be among those speaking.
By Tom Perille MD August 24, 2025
No matter what the Planned Parenthood minions in the Colorado legislature want you to believe about SB25B-002 to subsidize the Planned Parenthood business, these are the facts: 1) The bill will increase state expenditures by 4.4 million dollars per year at a time the state is trying to close a 783-million-dollar budget deficit. This is fiscal malpractice. 2) Planned Parenthood of the Rocky Mountains received 58 million dollars in contributions and grants in 2022 and 35 million dollars in 2023. They have a large donor base and don’t need state money to pad their balance sheet. 3) According to Planned Parenthood of the Rocky Mountains’ (PPRM) testimony on the bill on August 21, 2025, 11,000 Colorado Medicaid patients receive services from PPRM. This represents 0.9% of all Medicaid members in Colorado as of April 2025. This tiny fraction of Medicaid members can easily be absorbed by other Colorado Medicaid providers. 4) PPRM characterizes the loss of Medicaid reimbursement as driving an unacceptable breach in continuity of care. The reality is that Medicaid and non-Medicaid Coloradans commonly are required to change providers because of changes in insurance plans. Disenrollment in the individual (ACA) market average is approximately 13.8% per year, in the group (employer) market 2.1% per year, in Medicare Advantage (such as Kaiser) 2-4% per year, and in Medicaid it can be anywhere from 5% to 20%. By comparison, the number forced to switch because of PPRM’s loss of Medicaid is very small (0.9%). 5) Federal Quality Health Centers (FQHCs) are Colorado Medicaid providers. In 2024 they served 648,045 unique Colorado patients at 265 locations. During testimony on HB25B-1006 on August 21, 2024, we heard that they now serve 850K patients. The 11K Planned Parenthood Medicaid patients can easily be absorbed by FQHCs alone since it would only represent a tiny fraction of their patient population – 1.3%. And there are many other high quality comprehensive primary care Medicaid providers – Kaiser Permanente alone serves 63K Medicaid members. 6) Planned Parenthood of the Rocky Mountains’ Jack Teter, testified August 21 in the Senate hearing that they are the “Medical Home” for 5K patients and loss of Medicaid funding would seriously disrupt continuity of care. PPRM does not advertise primary care services on their website, and they don’t deliver them. Colorado’s PCMPs (the medical-home providers in the Accountable Care Collaborative managed by a Regional Accountable Entity - RAEs) are expected to provide or coordinate comprehensive primary care (preventive, acute, chronic disease management), access/after-hours coverage, care coordination, data reporting, and quality improvement. It could be Medicaid fraud to characterize yourself as a Medical Home when you don’t meet most of the criteria. PPRM offers only niche reproductive healthcare services. Their patients would receive a higher quality of care in an actual Medical Home structure from other Medicaid providers in Colorado. 7) PPRM does not release public reports of their service breakdown. However, National Planned Parenthood’s 2024 report lists 5% of their affiliate medical services as cancer screenings and prevention. The other 95% of services reflect only reproductive healthcare and not primary care (54% STI testing and treatment, 24% contraception, 4% abortion services). [Note: Planned Parenthood divides their services in each patient encounter to increase the total number of services reported– an abortion patient will typically be billed for a pregnancy test, STI screen, ultrasound, counseling, and the abortion. This underweights the primary service rendered – abortion - and makes it appear that their primary clinical role is other reproductive services.] 8) During Senate testimony on the bill, Planned Parenthood representative Jack Teeter suggested that PPRM provides unparalleled access for their Medicaid patients. He said they can be seen on Saturdays to address their needs. Somebody better tell him that their largest flagship facility in Park Hill is closed on Saturdays (and always on Sundays). 9) During Senate testimony, Planned Parenthood’s Jack Teter suggested that Planned Parenthood served locations where there is little access to healthcare services. This is not true. Most PPRM clinics are in urban or suburban counties (Denver, El Paso, Jefferson, Arapahoe, Boulder, Larimer, Weld, Routt, etc.). The March of Dimes classifies these counties as NOT maternity care deserts – which is a surrogate marker for access to women’s health services. None of the 15 locations publicly advertised are located in maternity deserts and only one is located in an at risk county – Cortez. 10) If the state really has millions of dollars of discretionary money to spend, they should consider increasing reimbursement for pregnancy services in rural Colorado which the Denver Post cited as a primary reason that 37.5% of Colorado counties are maternity deserts. There is also an urgent need for improving mental health services. We should not use precious Medicaid dollars on services that could be covered by the federal government. 11) The Colorado public may be majority prochoice, but they don’t want legislators wasting money on services the federal government would normally pay. They would embrace Medicaid providers with a better care delivery model that delivers comprehensive primary care. Tom Perille MD President, Democrats for Life of Colorado Demsforlifecolorado@gmail.com
By Thomas Perille MD July 26, 2025
It seems that we live in an era of Rorschach tests. You only have to say one word and you will create a predictable and visceral response depending on where you lie in the political spectrum. Migrants. Gender. Ukraine. Gaza. Guns. And one of the most enduring triggers and divisive words is abortion. How do we navigate in a world characterized by such extreme polarization and tribal political organization? Is abandoning efforts to engage with those who possess a different worldview the most logical and realistic path? Should those who hold the majority view simply squash those with a dissenting view? Or is there something fundamentally lost in society when we relinquish our innate human desire for solidarity with those in our community -even when they may harbor radically different perspectives. Can a democracy survive such division? Is there a way to model a different approach? Addressing abortion in a constructive way can be the prototype for a host of other heated, if less contentious issues. It seems the first principle of engagement should be to assume that those with an opposing view aren’t ignorant or evil but rather sincere and motivated by a desire to make the world a better place. Second, we need to look beyond the propaganda on both sides of an issue, to create space for dialogue. It isn’t necessary to agree on the veracity of all the published information pertaining to the topic, but we should be prepared to establish a set of underlying moral principles/values that best reflect the differing views. Lastly, it is important to acknowledge the very real differences in our beliefs but focus on finding common and overlapping interests. It is never necessary to abandon firmly held moral principles to forge policy and programs that appeal to those with opposing views. And establishing a relationship with someone you adamantly disagree with doesn’t mean you subscribe to moral relativism. For abortion, we first must acknowledge that many of those with the most emotional responses to the issue have either had an abortion or their sexual partner had an abortion. Some will be asserting the righteousness of their abortion decision and others may be reacting with guilt/shame to the memory of their abortion. If we aren’t sensitive to these emotions, it will be hard to move towards a productive dialogue. And we should recognize that both prolife and prochoice adherents deeply care for the health/life of women. The prolife movement bends the truth to advance their cause. You often hear prolife advocates state, “that abortion is never medically necessary”. This is more a semantic error than a factual error. For many, induced abortion is so morally abhorrent that they prefer to use the term “separation” or “premature delivery’ in the case of a medically indicated abortion. A medically indicated abortion refers to the previable termination of a pregnancy to prevent maternal organ damage or preserve the life of the mother with the unintended, but foreseeable, death of the developing human embryo or fetus. (In contrast, in an elective induced abortion, the expressed intent is to end the pregnancy by killing the embryo/fetus with the manner of fetal death and the gestational age being immaterial.) Medically indicated abortions are rare. Abortion to preserve the life or prevent serious bodily injury represents approximately 0.05% of abortions based on a high-quality registry study from the UK where reasons for abortions are tracked. (The US does not track indications for abortion). “Therapeutic abortions” were part of medical reality long before Roe was decided in 1973 and were incorporated into the medical repertoire of every OB/GYN for decades, including the prolife clinician. Prochoice advocates also sow confusion to promote their cause. They propagate the myth that “nobody can definitively know when human life begins”. The fact that a new human life begins at fertilization dates back to the first scientific observation of sperm and egg fusion in 1876 by Oscar Hertwig. To argue that a human life begins at birth is an antiquated religious view not based on science or biological expertise. What prochoice adherents may mean is that a human being doesn’t have value, dignity, or legal rights till they are born – but that is an entirely different argument. They may believe that the moral significance of fetal life is not biologically determined, but socially or philosophically constructed. Nonetheless, they need to acknowledge that assigning differential value to distinct groups of human beings based on immutable characteristics such as age, sex, sexual orientation, physical/mental abilities, race, or ethnicity has been a fraught topic throughout human history. Those who promote abortion as a moral response to an unexpected pregnancy sometimes obscure the humanity of the developing embryo and fetus with dehumanizing language. Examples include describing a sophisticated human embryo as a “cluster of cells” in the New York Times or a second trimester fetus as “pregnancy tissue“ on the Rocky Mountain Planned Parenthood webpage. This stands in contrast to the language that is commonly used by every expectant mother and her obstetrician who routinely describes the “wanted” embryo/fetus as a “baby”. For the purposes of engagement, abortion proponents and opponents should avoid using loaded language that is intended to manipulate rather than clarify. The last domain of obfuscation pertains to the conflation of miscarriage and stillbirths with induced abortion. Miscarriages and abortion may require the use of the same medications and surgical procedures but that is where the similarity ends. In miscarriage or “spontaneous abortion”, the embryo and fetus suffer a tragic, but natural, death. A medical or surgical procedure may be necessary to remove any remaining fetal or placental remains to prevent infectious and hemorrhagic complications. Pregnancy has already terminated naturally; thus, this is not an induced abortion. In elective induced abortion, a medical or surgical procedure is performed to terminate the pregnancy explicitly by killing the embryo or fetus. Laws that restrict elective induced abortion have no medical or legal bearing on the treatment of miscarriage. Medical malpractice rather than anti-abortion laws drives much of what the mainstream media cites as evidence to the contrary. The primary reason that any doubt exists in the minds of inexperienced clinicians is the misdirection by professional medical abortion advocates such as ACOG (American Association of Obstetricians and Gynecologists). After peeling away the spin/propaganda from either side of the abortion debate, you have a much simpler discussion: when is it permissible to kill a dependent human being to respect a woman’s bodily autonomy and free her from the physical, social, emotional, and economic demands of pregnancy and childcare. Prolife advocates need to aggressively address the needs of the woman and not focus exclusively on the fetus. Prochoice advocates need to explicitly address the biological reality and moral relevance of the developing human and not focus exclusively on the woman. Framed this way, the potential for finding common ground dramatically increases. Prolife advocates can agree that there is real, albeit very rare, medical indications for abortion. They can work with prochoice advocates to ensure that all medical professionals address the needs of both of their patients while working vigorously to save the life of the mother when pregnancy complications would jeopardize the lives of both. It is possible to imagine that an agreement to limit late abortion on healthy women carrying healthy fetuses’ post-viability could be achieved. Restrictions of abortion techniques which are especially inhumane, such as D&E, which involves the systematic dismemberment of a pain capable fetus, may be another area of agreement. There shouldn’t be controversy making high risk second and third trimester abortions safer through state licensing, regulation, and inspection of late abortion facilities since the health/safety of women drive both perspectives. Prochoice advocates should support medical professionals who have conscientious objections to participating in abortion since elective induced abortion involves intentionally taking the life of another human being. This is not a trivial or arbitrary moral decision. It reflects their sincere commitment to foundational secular humanist or religious principles. Prochoice advocates who believe that abortion must be a free choice, should find common cause with prolife advocates to prevent the social/economic coercion that commonly drives an abortion decision. Both could embrace a parallel interest in reducing the asymmetrical burden of human reproduction. This may be accomplished through a variety of initiatives. Joint efforts to improve accommodations for pregnant women in education and the workforce would become a major priority. Supporting/expanding paid family leave programs and subsidized daycare would be another. Publicizing government/private non-profit programs that provide counseling and material support to pregnant women and their families – including Pregnancy Resource Centers (PRCs) – would be a third. Ameliorating the financial burden of pregnancy that disproportionately falls on women would need to be addressed. Expanding male partner prenatal/postnatal financial support is one tool. Making birth (prenatal, birthing services, and post-partum care) free through a combination of government/private insurance programs is essential. Men should not be able to avoid the financial burden of human reproduction by avoiding child support or purchasing “skinny” health insurance without pregnancy coverage. Conservative prolife legislators should eschew their aversion to insurance mandates to serve a greater goal. It is a matter of reproductive equity. PRCs offer millions of dollars of uncompensated assistance to pregnant women and their families. However, those expressing prolife beliefs undermine their dedication to women and their preborn children when they refuse to acknowledge the role of government in setting policies and supporting programs that address their additional needs. There are already recent examples of legislative efforts that demonstrate how prolife and prochoice advocates can work together for the common good without compromising their sincerely held beliefs regarding abortion. At the federal level, Senators Hyde-Smith (R), Kaine (D), Hawley (R), and Gillibrand (D) recently introduced the “Supporting Healthy Moms and Babies Act” which would make birth free. In Colorado, Senator Jeff Bridges (D) sponsored SB25-144 which extended family leave for mothers of very premature babies that require prolonged neonatal intensive care. He also sponsored SB25-118 which took a small slice out of the prenatal care cost burden in Colorado. Unfortunately, there are many more examples where this kind of dialogue is considered too politically risky. A very sad example was the recent defeat of a bill (HB25-1252) to allow the Colorado Department of Public Health and Environment (CDPHE) to regulate second and third trimester abortion facilities using evidence-based best practices– as they do with other medical facilities with lower or similar risks. It was killed in the House Health and Human Services Committee along tribal ideological lines. It is past time to bridge the ideological and political divide. Let partisans on either side of a hotly contested issue commit publicly to constructive engagement. No longer should we treat people with opposing views as “enemies”. Collaboration should be the norm in our communities and state/federal legislatures rather than the exception. When you seek to identify core values, you can invariably find overlapping interests. There isn’t an issue that doesn’t lend itself to this approach. This is good for our communities, good for our nation, and good for democracy writ large. Ultimately, it may even move the culture towards the morally correct position. Tom Perille MD President, Democrats for Life of Colorado
By Thomas Perille MD April 30, 2025
This is cause for celebration. Warren Hern was an outlier in the field of medicine that itself is an outlier. It is the only medical specialty that is devoted to killing human beings rather than restoring health or ameliorating suffering. Hern famously compared humans to a spreading “cancer” on the earth. It is not surprising that he devoted his career to using abortion as a form of population control. He considered pregnancy a disease and felt that no justification was needed to pursue abortion at any time for any reason. The fact that 70% of his late abortion practice targeted healthy women carrying healthy fetuses was often underappreciated or misrepresented by the media. One can hope that the fact that he could not find another physician to assume his grisly late abortion practice may be a sign of hope that the era of unlimited, unrestricted, and unregulated abortion may be nearing an end.
By Thomas Perille MD April 22, 2025
April 17, 2025 Governor Polis, Democrats for Life of Colorado implores you to consider the fiscal implications of signing SB25-183 into law. Research from the Guttmacher Institute published in 2024 demonstrates that in states where Medicaid pays for elective abortions, 62% of abortions are Medicaid abortions. If you apply this figure to Colorado, this means that SB 183 will create a huge financial liability for the Colorado Medicaid system at a time when the state is straining to contain a greater than 1-billion-dollar budget deficit. CDPHE reported that there were 10,368 abortions on in-state residents in 2023. The legislative council’s fiscal note on SB 183 estimates a $800 Medicaid reimbursement for medication abortions and a $1300 Medicaid reimbursement for surgical abortions. The legislative fiscal note also divides abortions into 50% medication and 50% surgical in calculating the state’s financial commitment. This would translate into a total cost of $6,749,568 for the estimated 6428 abortions (using the 2023 CDPHE numbers). If you use Guttmacher estimates for the number of abortions in Colorado, the number would be at least 40% higher. The fiscal liability doesn’t stop with the monetary payment for elective Medicaid abortion, since the Legislative Council adds the loss of $1,721,497 federal matching dollars. This will make the total estimated state’s obligation at $8,471,865 using the more conservative CDPHE numbers. And you can’t count on the misleading Legislative Council analysis for cost savings from “averted births”. This is an overly simplistic analysis for many reasons. Up to 20-30% of miscarriages occur after 6 weeks. This means that many of these “averted births” would have ended in miscarriage and not cost the state the cost for funding an abortion. Most births won’t be “averted” because these women will go on to have pregnancies that go to term later in their reproductive life. We know that the risks of pregnancy complications correlate directly with maternal age. These “delayed” rather than “averted” births, will increase Medicaid costs because of the increased risk of gestational diabetes, preeclampsia, and premature births in these later pregnancies. It is also well established that surgical abortions increase the risk for premature birth in subsequent pregnancies, including extreme premature births. To the extent that this legislation increases surgical abortions, it will markedly increase Medicaid Neonatal Intensive Care Unit costs. Furthermore, there is good data that suggests that women undergoing abortions seek mental health services at a much higher rate, which also will increase Medicaid costs. There is evidence that subsidizing abortions for lower income women, increases abortion rates which will, in turn, increase Medicaid abortion costs. The Legislative Council used a tiny study from Louisiana to estimate the number of additional abortions that will be performed when public funding is available. The Louisiana study demonstrated that only 1% of Medicaid eligible women who were pregnant (and didn’t already abort) would have considered abortion if the state had providing funding. This means the immediate impact on increasing abortion access will be extremely small but likely increase over time. The Legislative Council failed to acknowledge that Louisiana low-income women have very limited access to private abortion funding. This is in stark contrast to the robust private funding for abortion from the Cobalt Fund and the National Abortion Federation funds here in Colorado. Consequently, you can’t rely on the experience in Louisiana to project Colorado’s costs. SB 183 will simply be shifting abortion costs for low-income women from private sources (Cobalt/NAF) to Colorado taxpayers. We are very concerned that Medicaid already fails to reimburse pregnancy services adequately which results in maternity deserts. This new elective abortion financial obligation will likely further compromise pregnancy services and other higher Medicaid priorities. The multimillion-dollar increase in state funding that is necessary to pay for elective Medicaid abortions stands in contrast to the “zero” fiscal impact that Amendment 79 was purported to have based on the Bluebook verbiage. If voters understood that they were voting for a multimillion-dollar tax increase to pay for abortion, it is safe to say that more than 38% of the Colorado electorate would have voted against the amendment. We are opposed to using public funds for elective abortions. However, even if you thought this was required for “equity” purposes, this is not the time or the fiscal circumstances that justify such an expensive measure. Thanks for your consideration. Thomas J. Perille MD FACP FHM President, Democrats for Life of Colorado
By Tom Perille MD March 24, 2025
The campaign to use public taxpayer funds to pay for elective Medicaid abortions has been a sham from the beginning. During the Amendment 79 campaign for the constitutional right to abortion, the Legislative Council’s Blue Book disingenuously stated that “the measure will have no fiscal impact”. This was an attempt to deliberately mislead Coloradans. Now the pièce de resistance, SB25-183 claims that by paying for elective Medicaid abortions, the state will save hundreds of thousands of Medicaid dollars from “averted births”. The Legislative Council made their projection based on a tiny study from Louisiana where 12 pregnant Medicaid women said that lack of public funding was “part of why (they) have not had an abortion”. The Council ignored the fact that only two of these 12 (1.2% of all Medicaid women interviewed for the study), would have still considered abortion if the state paid. Furthermore, in contract to Louisiana, Colorado has generous private funding available for both in-state and out-of-state women seeking abortion. The Legislative Council analysis was clearly designed to produce the desired “cost savings” reported. They offset the millions of dollars of abortion costs with the money from “averted births”. However, they ignored critical facts in this oversimplified analysis. The principal flaw is that “averted births” are illusory since most Medicaid women will simply pursue births later – when the risks of complications and associated Medicaid costs will be higher. It also ignores the number of pregnancies that would have ended in natural miscarriage, the increased costs for premature birth in subsequent pregnancies for women who had surgical abortions, and the increased cost of mental health treatment for those who seek abortion rather than childbirth. Aside from the moral issue, the state will suffer the fiscal consequences of the ill-advised public funding of elective abortion.
March 20, 2025
I am angry. More than angry, I am sad that our state legislators place allegiance to their “tribe” over the health and safety of the women of Colorado. On Tuesday, March 11, the House Health and Human Services Committee rejected HB25-1252 which would have instructed the Colorado Department of Health to develop evidence-based guidelines to ensure the health and safety of women seeking high risk second and third trimester abortions. The committee heard testimony that 10% of second trimester abortions have complications and 1.7% suffer serious, life-threatening complications. They heard that one in 50 women who had second trimester abortions through the University of Colorado required hospitalization. They heard that mid second and third trimester abortions are riskier than natural childbirth. They heard that the risks of dying from a late abortion are greater than the risk from dying from a procedure at an ambulatory surgical center. Every healthcare facility that poses this kind of risk to women is licensed, regulated, and inspected by the Colorado Department of Health. Late abortion is the only exception. The most heart wrenching testimony concerned the February death of an 18-year-old woman, Lexie. She died of complications from her second trimester abortion at the Fort Collins Planned Parenthood. At this same facility, 911 records documented at least three other emergency transfers already this year. My fel low Democrats have no problem regulating the energy/gas industry to safeguard the health of Coloradans. Do they only regulate industries with which they aren’t politically aligned? Tom Perille MD
November 14, 2024
We want to extend our sincere appreciation for the thousands of people who came together for a cause greater than themselves. The diverse group that opposed unrestricted, unregulated abortion reflected the broad-based coalition formed by Prolife Colorado that defies any simple characterization. We are Democrats, Independents, and Republicans from every race, and ethnicity. We are young and old, rich and poor, native and immigrants, religious and secular. We are defined by our common belief in the value and dignity of every human being and not by any demographic. Amendment 79 passed but that does not mean we failed. We have begun the long and arduous task of educating Coloradoans about the reality of abortion in our state. Few knew that abortion late in pregnancy on healthy women with healthy babies was common. Few knew that high risk second and third trimester abortion clinics were unregulated in our state and that women’s lives are in jeopardy. Few realized the implications of unrestricted abortion on the privileged relationship between parents and their teen daughter. Many underappreciated the fiscal impact of using public funds to streamline access to abortion through all nine months of pregnancy. Our only regret is that we didn’t have the money to share our message more broadly so that every Coloradoan could make an informed choice. The proponents of the measure raised 18 times the money we did largely from the abortion industry and wealthy out-of-state donors. They used their money to spread the myths that “abortion was healthcare” and that abortion saved women’s lives. They frequently tried to conflate elective induced abortions with miscarriages, ectopic pregnancies and treatment for life-threatening complications of pregnancy. We know that not a single women’s death has been the result of abortion restrictions and that recent highly publicized deaths in Georgia and Texas reflect the anticipated complications of drug-induced abortions compounded by physician negligence. We will continue to build a culture that respects every human life here in Colorado and envision a future where women are offered the support and the resources, they need to choose life. Women without financial resources and women of color should not feel that their only path to a successful life is through abortion. We will fight to remove the inequities in pregnancy care throughout our state and remove barriers for women facing unplanned pregnancies during their education and early careers. And yes, we look forward to the day when Coloradoans will vote to remove Amendment 79 from our constitution. Because life matters.
October 29, 2024
It is becoming more common for ideologues to gaslight the American public to promote their agenda. The latest example is the abortion industry’s attempt to have Coloradoans suspend their common sense, human decency and compassion to place Amendment 79 into the Colorado constitution. State law already protects access to abortion, but they would have us believe it is “progressive” to endorse this constitutional amendment. Amendment would enshrine unrestricted, taxpayer funded abortion into the state constitution. It would prohibit the government from “denying, impeding or discriminating” against the right to abortion. This goes far beyond Roe which was overturned by the Dobbs decision. Roe permitted regulation of abortion in the second trimester to ensure the health and safety of women and allowed states to recognize their compelling interest in protecting the life of a viable baby in the third trimester. Amendment has neither of these important features. If abortion is considered a fundamental constitutional right (unlike any other medical procedure), then a fetus, wanted or unwanted, has no constitutional rights under Amendment 79. Nobody could infringe on the exercise of abortion – no matter the circumstances. Late abortions are common in Colorado. While abortions after the limit of fetal viability only represent 3.2-3.4% of abortions each year, they account for hundreds of abortions. And we know that approximately 70% of these late abortions are performed on healthy women with healthy babies. Amendment 79 would prevent legislators from ever curtailing abortion late in pregnancy for social and economic reasons. The amendment does nothing to address the real needs of women facing financial challenges that forces them to consider late abortion. It leaves them only one regrettable choice. Is it progressive to focus solely on abortion access and forego the hard work necessary to make pregnancy more equitable for low-income women? The Colorado Department of Public Health and Environment licenses, regulates, and inspects thousands of health care facilities in the state to ensure public health and safety. The striking exception is second and third trimester abortion clinics. Abortion extremists pejoratively refer to any laws that regulate abortion clinics as TRAP laws. In their worldview the only motivation for such laws is to impede abortion access. They ignore the fact that second trimester abortions have a 10% complication rate and pose a 1.7% risk of life-threatening complications. While first trimester abortions are relatively safe procedures, the risk of dying from abortion increases by 38% for every additional week of gestation beyond 8 weeks. You would think we would have learned the danger of unregulated/uninspected abortion clinics from the Gosnell tragedy. Dr. Kermit Gosnell was responsible for the injury and death of countless women spanning decades because of the lack of governmental oversight at his Philadelphia abortion clinic. If Amendment 79 passes, legislators will be precluded from instituting prudent health/safety regulations for abortion clinics in Colorado. There would be nothing preventing a Gosnell-like horror in our state. Is it progressive to prioritize abortion access over the lives of women? A 22-week baby born prematurely enjoys all the rights and benefits of other Colorado citizens. Yet, a 22-week, pain-capable fetus in utero can be literally torn apart limb by limb during the D&E procedure favored by most abortionists in Colorado. Later in the second trimester and during the third trimester that fetus can be killed by poisoning before it is extracted during a D&X procedure. Digoxin is commonly utilized. Digoxin can cause hours of agonizing nausea, vomiting, and delirium before eliciting death. Is it progressive to define a human’s value and dignity based solely on their location or to sanction such excruciating deaths? Parental notification prior to a minor’s abortion is current law in Colorado. Guttmacher and other abortion advocacy organizations consider parental notification laws as impediments to abortion access. Amendment would eliminate this. The adolescent brain is still developing prefrontal connections that help modulate their subcortical emotional and impulsive responses to stressful situations, such as unplanned pregnancies. Without parental notification, our teen daughters may face these challenges with more input from their peers, teachers, or counselors than from the parents who love and know them best. And if parental notification is eliminated, sex traffickers will have an easier time eluding law enforcement as they coerce their young victims to have abortions. Is it progressive to remove parents from the most consequential decisions in their daughter’s lives or enable human traffickers? With Amendment 79 in the state constitution, abortions for any reason would be legal. Studies from the US and other countries document the extent that sex selection abortions occur, A Colorado late abortionist recently admitted that he has performed sex selection abortions. Is it progressive to allow abortion for blatantly sexist reasons? We know the answer. No, it is not progressive to promote unrestricted, unregulated abortion in Colorado. Abortion access is already ensured in Colorado. Amendment 79 is unnecessary, inhumane and potentially dangerous. Frances Rossi and Tom Perille MD - Founding members of Democrats for Life of Colorado
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