TOPEKA
Kansas is poised to once again become a battleground in the fight over abortion this year after lawmakers launched a campaign Wednesday to end the state-level right to the procedure by amending the state constitution.
Supporters hope Kansas joins a small number of states — including Tennessee, West Virginia and Alabama — that have limited abortion rights through constitutional changes over the past decade.
The amendment by itself doesn’t limit abortion access. But it would make legal challenges to abortion restrictions more difficult and could clear the way for lawmakers to place more rules on the procedure.
The proposal says the state constitution doesn’t require government funding of abortions and “does not create or secure a right to abortion.” It also says the Legislature may pass laws on abortion to the extent permitted by the U.S. Constitution.
The drive for an amendment had been anticipated since last April, when the Kansas Supreme Court ruled that the state constitution protects a woman’s right to end her pregnancy.
Abortion rights supporters hailed the landmark decision, which ensured Kansas women will continue to have access to abortion even if the federal right to an abortion is one day eliminated. Opponents of abortion rights feared it would lead to Kansas courts overturning decades of rules governing the procedure.
The ruling was a signal moment in Kansas’s long and sometimes bloody struggle over abortion. Over the past 30 years, the state has been home to the Summer of Mercy protests that fueled the nationwide anti-abortion movement and the assassination of George Tiller, the Wichita doctor who performed abortions.
The amendment could open a new chapter in that history. If passed, it would mark a complete reversal of the court’s decision and a rebuke of the justices, who have angered conservatives with their rulings on other issues such as school funding and the death penalty.
“Because of the ruling, Kansas became the wild west of the abortion industry,” Brittany Jones, director of advocacy at the Family Policy Alliance of Kansas, said.
Abortion rights supporters immediately mobilized to fight the amendment. The ACLU of Kansas, Planned Parenthood, Trust Women and other advocacy organizations released a series of statements condemning the proposal.
“Kansans trust women, not politicians, to make decisions about their reproductive health care. This flawed constitutional amendment will allow politicians to restrict women’s decision-making and is dangerous to all aspects of women’s health,” said Julie Burkhart, the founder and CEO of Trust Women, which operates a Wichita clinic that provides abortion services.
‘Value Them Both’
The proposed amendment comes at a turbulent time nationwide for abortion rights.
The elevation of Justices Neil Gorsuch and Brett Kavanaugh, both conservatives, to the U.S. Supreme Court has raised fears – and hopes – that the court may one day strike down or severely undermine its 1973 Roe v. Wade decision, which held that a woman’s right to an abortion in most circumstances was protected by the 14th Amendment guarantee of a right to privacy. The provisions of Roe have been somewhat eroded by other decisions over the years. Some states continue to push the boundaries of abortion restrictions – efforts that may eventually trigger a new showdown at the U.S. Supreme Court.
While Kansas has multiple clinics, neighboring Missouri is close to becoming the only state in the nation without an abortion provider following the decision of state officials to pull the license of a Planned Parenthood clinic in St. Louis earlier this year. A challenge to that decision is under review.
The proposed amendment closely resembles a change to the Tennessee constitution voters approved in 2014 that empowers lawmakers to pass or repeal abortion laws. It also makes clear the state constitution doesn’t include the right to an abortion. Like Kansas, Tennessee’s amendment was proposed after its state Supreme Court found a right to an abortion in its constitution.
“This proposed amendment allows us as legislators to continue to regulate and have oversight over the abortion industry,” Rep. Susan Concannon, a Beloit Republican, said.
Kansas amendment supporters unveiled their proposal during a packed news conference at the Statehouse. A coalition of the state’s leading anti-abortion groups, including Kansans for Life and the Kansas Catholic Conference, branded the amendment “Value Them Both” – referring to both women and babies.
The amendment reads: “Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, in circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother.”
Lawmakers expect to move quickly
The groups want the amendment on the August primary ballot, an election that typically draws the state’s most partisan voters. Patrick Miller, a political scientist at the University of Kansas, said the November ballot would mean a far larger, more centrist electorate that’s probably more supportive of abortion rights.
“If I were them, it would be an obvious choice,” Miller said.
But the amendment must first pass the Legislature with two-thirds support in the House and Senate.
Lawmakers plan to move quickly. Minutes after the amendment was unveiled, the House began the parliamentary formalities necessary to consider the proposal. And a rare joint hearing involving House and Senate committees is expected as early as next week.
Senate President Susan Wagle, a Wichita Republican, expressed hope the Legislature will act within a couple weeks.
“It will be a priority for session. It will pass first,” Wagle said.
All sides expect an intense debate. Gov. Laura Kelly, an abortion rights supporter, has no power to veto the measure, leaving the choice solely in the hands of the Legislature. Kelly’s office didn’t immediately comment on the amendment.
The clash over the amendment may overshadow other topics in the coming days. Opponents called on the Legislature to focus elsewhere, contending that citizens already have a way to channel their frustration over the state Supreme Court decision by removal of justices in retention elections. Kansas voters have never non-retained a justice.
“This is a waste of Kansans’ time and a poor priority for the Legislature to focus on,” Rep. Stephanie Clayton, an Overland Park Democrat, said.
But Rep. Susan Humphries, a Wichita Republican, said passing the amendment is urgently needed because abortion providers can’t be trusted following the Supreme Court’s ruling.
“The abortion industry needs the oversight that is allowed by Value Them Both,” she said.
The amendment, introduced Thursday, is House Concurrent Resolution 5019.
This story was originally published January 16, 2020 12:02 PM.