DENVER– A judge has temporarily suspended Colorado’s ban on what experts believe are unproven medical abortion treatments at a religious clinic that alleged in a lawsuit that a recently signed law violated her constitutional rights.
Judge Daniel Domenico, who noted that Colorado is the only state to ban the treatment, issued a temporary restraining order over the weekend after Bella Health and Wellness said barring them from prescribing the so-called “abortion pill withdrawal” treatment violated their First Amendment. the right to freedom of speech and religion.
The idea of abolishing medical abortion became a flashpoint in the clash over reproductive rights across the country after the Supreme Court overturned Roe v. Wade, leaving abortion up to the states. About a dozen states passed laws in previous years requiring abortion providers to inform their patients about “reverse” treatments.
A Republican proposal to do so in Colorado this year ran into a Democratic-controlled statehouse. This is partly because the treatment has drawn widespread condemnation from the medical community, with the American College of Obstetricians and Gynecologists stating that it is “not based on science and (not) up to clinical standards.”
The new ban extends until at least October the deadline for Colorado’s medical boards to determine whether the treatment is “generally accepted standard of practice” and therefore allowed.
The ban was part of a package of three bills to secure abortion rights and transgender care in the state.
The specific bill that included the ban also targeted the so-called deceptive practice of anti-abortion centers, which are known to pose as abortion clinics but do not actually offer the procedure. Instead, they are trying to convince patients not to terminate the pregnancy.
The temporary restraining order, first reported by The Colorado Sun, covers the entire bill.
In Colorado, Bella Health and Wellness argued that banning them from treatment would “violate their genuinely religious beliefs” and that they had a patient whose current treatment would be interrupted if the new law went into effect.
One of the organization’s lawyers, Laura Volk Slavis of the Becket Foundation for Religious Freedom, wrote in a statement: “Colorado’s new law is the opposite of choice – it targets women who change their minds and forces them to get the abortions they want to stop. . This law violates the constitutional rights of these women and their doctors.”
Domenico, a district judge appointed by former President Donald Trump, wrote in his ruling: “I believe that Plaintiffs are reasonably likely to succeed on the merits of one or more of their claims that short-term relief is warranted until defendants are heard in opposition.” “.
Domenico added that the restraining order only applies to Bella Health and Wellness. The organization did not immediately respond to a request for comment.
Medical abortion is performed by taking two drugs—mifepristone and then misoprostol—for several days. Bella Health and Wellness provides patients with a drug called progesterone that they claim reverses the effects of mifepristone.
The lawsuit comes as the U.S. Supreme Court is hearing the Food and Drug Administration’s approval of mifepristone.
Representative of the Governor of Colorado. Jared Polis and another Democratic candidate in the Colorado Senate declined to comment, citing a pending lawsuit.
In the Colorado case, a hearing on a preliminary injunction — effectively an extension of the 14-day temporary restraining order — is set for April 24.
____
Bedine is a member of the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on hidden issues.