Abortion debate heats up in Kansas, as bill could allow counties to impose restrictions

A longstanding provision in state law that prevents local governments from banning abortion would be repealed under legislation introduced Thursday, opening up a potential new frontier on the fight over abortion access in Kansas.

The proposal, introduced by Sen. Chase Blasi, R-Wichita, would reverse a single line in statute stating "no political subdivision of the state shall regulate or restrict abortion." It is one of the first bills introduced in the 2023 legislative session related to abortion, which is again expected to remain a hot-button issue.

Statewide abortion restrictions have been less of a viable option for anti-abortion lawmakers and groups after a 2019 Kansas Supreme Court ruling held the state constitution protects a right to an abortion, meaning any restrictions on the practice must meet a heightened legal standard.

Anti-abortion activists tried and failed to undo that ruling with a proposed constitutional amendment on the August primary ballot.

It is possible any local restrictions would be rejected by the Supreme Court, something Blasi acknowledged in an interview, but said "the conversation will still need to be had."

More:If you thought the abortion debate in Kansas ended with August amendment vote, think again

"Oftentimes in the state, we've looked at local governments, the counties, to be kind of the arm of the state," he said. "And so, this is maybe one opportunity for (counties), particularly, like my home county of Sedgwick to look into it and see what we can do."

The legislation would not affect a separate provision in state law that bars local governments from restricting access to birth control and in vitro fertilization. The ban on local abortion restrictions dates back to 1992.

There are five abortion clinics in Kansas currently. Two are in Wichita, two in Johnson County and a newer clinic that opened last year in Kansas City, Kansas.

But Sedgwick County Commissioner Jim Howell, a Republican and former state legislator, said the bill was a "long shot" and was unlikely to even get a hearing in committee.

"I would be surprised if we would ever get that right to do so," Howell said. "And if we ever did get that right, the politics up here, it changes pretty quickly. ... I consider myself to be extremely pro-life. I just don't know that that is something we would consider here."

Sen. Mike Thompson, R-Shawnee, chair of the Senate Federal and State Affairs Committee, which generally handles abortion bills, said he had not yet read the bill and was uncertain if it would receive a hearing.

The repeal could allow counties and cities to impose restrictions, with Wichita and Sedgwick County the most likely battleground, with Republicans controlling the Sedgwick County Commission.

'I just don't think the is the Legislature's priority this year'

Abortion-rights supporters quickly panned the bill.

“The irony of this bill is too much," Anamarie Rebori Simmons, a spokesperson for Planned Parenthood of the Great Plains, said in a statement. "The party that tried to remove fundamental protections from the state Constitution didn’t get the outcome they wanted when Kansans overwhelming supported abortion access. This is an attempt to blatantly disregard the will of the people."

In Sedgwick County, 58% of voters rejected the August constitutional amendment, roughly the same as the vote statewide and Howell said that would be reflected in the political appetite for anti-abortion measures.

"I just don't think this is the Legislature's priority this year," he said.

Blasi maintained the bill would not fly in the face of that outcome.

"If we allow policymakers to have conversations with members of the community and figure out what makes sense," Blasi said. "What we ultimately don't want is abortion until birth. That is certainly something we don't want and I believe most Kansans agree with that."

More:As officials ponder state of Kansas courts, judicial selection, abortion battles remain

Abortions in Kansas are banned after 22 weeks gestation under current law, though there have been rumblings that legislators might attempt to pass a new 15-week ban in a bid to prompt the Kansas Supreme Court to take up the matter.

Senate President Ty Masterson, R-Andover, has said he believes the legal basis for the 2019 decision, the right to personal autonomy under the Kansas Constitution, needs to be tested to see if the unborn should also receive legal protections.

"I think probably the biggest question to be answered goes to autonomy," Masterson said earlier this month. "Which is, when does the young lady in utero receive her autonomy and what are the rights of that person? I think there are questions that need to be asked. So, we just need to evaluate what that looks like."

Lawmakers have also expressed an interest in other abortion-related measures, such as an effort to require medical providers to perform life-saving care for newborns, even if they were born after an induced abortion.

Potential support for anti-abortion centers, also known as "crisis pregnancy centers," is also likely to be considered, and Blasi said he was set to introduce a bill to encourage adoption in the coming weeks.

This article originally appeared on Topeka Capital-Journal: Kansas counties, cities could restrict abortion if new bill passes