**Op-ed: Rethinking the Colorado Reproductive Health Equity Act**

Sept. 2022 — Marla Fernandez

I’m Marla Benavides, a seasoned home school educator with over two decades of experience as a legal assistant. My academic journey led me to a B.A. in Political Science, a non-lawyering M.S. of Law certificate in Environmental and Natural Resource Law from the University of Denver, and a paralegal studies certificate from an ABA-accredited college. While my legal career mainly revolved around personal injury and immigration law, today I want to delve into a different legal matter that’s been making headlines.

The Colorado legislature recently passed an abortion law aiming to codify Roe v. Wade, but all that changed this June. The Supreme Court’s decision in the Dobbs v. Jackson Women’s Health Organization case overturned Roe v. Wade and Casey, establishing that abortion isn’t an inherent constitutional right protected under the Fourteenth Amendment. Instead, the power to regulate abortion has been handed back to the people and their elected representatives, marking a significant shift in the landscape of abortion rights.

Now, let’s talk about the Reproductive Health Equity Act (REHA), a law that’s stirred passionate debates. REHA seeks to enshrine abortion rights as a fundamental state right, but it falls short of embodying the essential elements of Roe v. Wade and doesn’t meet the necessary constitutional standards.

Given the division and discontent that this law has sowed among Democrats in my district, I propose that we repeal REHA and open the door to a more rational and inclusive discussion under new leadership. I’m running for office, and your vote can help steer us toward a more informed and balanced conversation.

I’ve been invited to provide my legal opinion on the constitutionality of House Bill 22-1279, known as REHA. In my view, my opponent, Meg Froelich, has shown little regard for the people she represents and has set a concerning precedent with her actions, casting doubt on her ability to craft sound legislation.

Let’s hark back to Roe v. Wade, a landmark case that, in my opinion, made a compelling argument. It emphasized that a physician or provider, in consultation with the patient, should have the freedom to determine, without state interference, whether the patient’s pregnancy should be terminated based on their medical judgment. If such a decision is reached, the judgment may be effectuated through an abortion without state intervention. Roe deserves credit for contemplating the fetus’s viability and the state’s interest as the pregnancy progresses.

Additionally, let’s consider the international context, with the U.N. Human Rights Committee contemplating revisions to include support for abortions and even assisted suicide. It’s worth noting that even before the recent Supreme Court overturning of Roe and Casey, REHA faced significant opposition, with over 300 individuals testifying against it. An overwhelming majority do not support unrestricted abortion.

What’s intriguing is that the Democrats’ efforts to fortify abortion rights seem to have fallen short on the reasoning and logic front when it comes to lawmaking. The law passed with all 41 Democrats voting in unison, while all 24 Republicans voted against it. In good faith, it appears Representative Froelich isn’t genuinely interested in safeguarding fetal life during that period or women’s general health.

Now, let’s talk about abortion. It can only be restricted if the state defines term limits, with exceptions made for maternal health and life protection. When we scrutinize the Colorado Abortion Act through these lenses, it appears biased in favor of safeguarding providers and may not withstand constitutional scrutiny.

Consequently, the right to abortion isn’t constitutionally protected under the Fourteenth Amendment, rendering my opponent’s Act legally untenable. Abortion cannot be justified as an inherent component of this constitutional right.

In conclusion, the ongoing debate over abortion demonstrates that the “right to an abortion” isn’t universally accepted, even as societal perspectives evolve. It’s my humble opinion, expressed in good faith, that the most prudent course of action for legislators this January is to repeal REHA and reassess the issue. Abortion falls outside the purview of the Fourteenth Amendment, and a significant majority of Coloradans identify as pro-life.

Let’s work together to find a balanced and fair approach to this complex issue, respecting diverse viewpoints while upholding the principles of our Constitution.