Tuesday, October 21, 2008

Amendment 48 Goes Too Far

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By Patricia Schroeder


My very first job after graduating from Harvard Law School was as a part-time lawyer for Planned Parenthood of the Rocky Mountains in Denver. I was working on cases related to expanding access to birth control to all couples regardless of their marital status. At the time the birth control pill was recently approved as safe, but it was not yet legal in all states for all women. The Supreme Court in 1965 established basic privacy rights to birth control, but only for women who could produce a marriage license.


Fast forward to 2008, 40 years later. In my worst nightmare, it never crossed my mind that voters in Colorado would be considering a constitutional amendment that could outlaw birth control pills. Emergency contraceptives could also be illegal under Proposition 48, a form of birth control that if taken up to 72 hours after intercourse can prevent an unwanted pregnancy, especially used by rape and incest victims.


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