The Kansas Supreme Court has upheld the state’s abortion rights, nullifying two anti-abortion laws in a landmark decision that has significant implications for the state’s legislative landscape. This ruling comes at a critical time, as the U.S. Supreme Court’s recent decision to overturn Roe v. Wade has reignited debates and legislative actions surrounding abortion rights across the country.
Governor Laura Kelly, a Democrat seeking reelection, emphasized that the Kansas Supreme Court’s decision ensures that the constitutional right to abortion remains protected in the state. This protection is rooted in a 2019 Kansas Supreme Court ruling that recognized a woman’s right to bodily autonomy under the state’s Bill of Rights. However, this protection could be challenged by a proposed constitutional amendment on the August ballot, which aims to overturn the state Supreme Court’s ruling and remove constitutional protections for women’s reproductive rights.
Governor Kelly warned that if the state constitutional amendment passes, the Republican-led Legislature would likely impose more stringent restrictions on women’s health care. She urged Kansans to vote “no” on the amendment to maintain the status quo and preserve women’s reproductive rights in the state.
The proposed amendment, known as the “Value Them Both” amendment, seeks to reverse the Kansas Supreme Court’s 2019 decision and open the door to a ban or additional limitations on abortion in Kansas. The amendment does not include exemptions for pregnancies resulting from rape or incest or to save the life of the pregnant woman. However, it would allow the legislative and executive branches of state government to adopt such exceptions in Kansas law.
Supporters of the amendment, including a coalition of anti-abortion, church, and political organizations, argue that the state Supreme Court’s decision has led to an influx of out-of-state residents seeking abortions in Kansas. They claim that Kansas could become a destination for “painful dismemberment abortions,” a term used by anti-abortion advocates to describe certain abortion procedures.
The Susan B. Anthony national pro-life group has invested $1.3 million in Kansas to promote the passage of the amendment. On the other side, the bipartisan Kansans for Constitutional Freedom coalition has launched television advertisements urging voters to reject the amendment. They argue that the amendment would grant politicians the power to pass any law regarding abortion, including a total ban without exceptions.
Ashley All, spokesperson for Kansans for Constitutional Freedom, emphasized that the amendment would mandate government control over private medical decisions and pave the way for a total ban on abortion. She urged Kansans to vote “no” to protect their freedom to make private medical decisions without political interference.
The coalition’s advertisements highlight the potential consequences of the amendment, including the possibility of politicians in Topeka assuming authority over medical decisions and the risk of a total abortion ban. They also point to the oath taken by physicians to “do no harm” and the ethical issues raised by political interference in medical decisions.
In Kansas, the majority of abortions occur early in pregnancy, with seven out of ten abortions taking place before nine weeks and 90% before 12 weeks. State law currently prohibits abortions after 22 weeks, and there have been no “post-viability” abortions in Kansas since 2018. Government funding of abortion is also prohibited in the state.
The Kansas Supreme Court’s decision to uphold abortion rights and nullify two anti-abortion laws is a significant victory for reproductive rights advocates. However, the upcoming vote on the “Value Them Both” amendment will be a critical test of the state’s commitment to protecting women’s reproductive rights.
As the debate over abortion rights continues to unfold in Kansas and across the country, the outcome of the August vote will have far-reaching implications for the future of reproductive health care in the state. The decision by the Kansas Supreme Court underscores the importance of judicial protection for constitutional rights, but the ultimate fate of abortion rights in Kansas will be determined by the voters.
Source: Kansas Supreme Court, Governor Laura Kelly, Kansans for Constitutional Freedom, Susan B. Anthony national pro-life group
