Kansas lawmakers override anti-abortion vetoes months after voters spurned Value Them Both

Eight months after Kansas voters resoundingly rejected an anti-abortion constitutional amendment, the Republican-led Kansas Legislature enacted a slew of anti-abortion laws over the vetoes of Gov. Laura Kelly.

Two anti-abortion bills plus a budget proviso became law largely due to Republican support, though one needed the help of a Democrat to reach the necessary two-thirds majority. The new laws require physicians render care to infants "born alive" and tell patients medically disputed information about the reversibility of medication abortions while sending taxpayer money to anti-abortion counseling centers.

"For the first time in state history, a bipartisan group of legislators came together to override a Governor's veto of pro-life policies," Kansans for Life lobbyist Jeanne Gawdun said in a statement. "Not only did they have the courage to stand against the Governor's extremist views on abortion and infanticide, but ensured women are provided with potentially life-saving information and compassionate abortion alternatives."

The Legislature did fail to override the veto on a third anti-abortion bill.

The override votes Wednesday and Thursday come 10 months after the U.S. Supreme Court overturned national abortion protections in Roe v. Wade and eight months after the failure of the so-called Value Them Both Amendment. The new laws all go into effect July 1.

The constitutional amendment was proposed by anti-abortion groups after the Kansas Supreme Court in 2019 ruled that the state constitution's bill or rights protected bodily autonomy, including the right to an abortion.

"In August, Kansans made clear that they believe personal healthcare decisions should be made between a woman and her doctor, not politicians in Topeka," Kelly said in one bill's veto message.

More: Despite rejection in election, Kansas anti-abortion groups vow 'we are not going anywhere'

Veto overrides mark successful session for Kansans for Life

The overrides mark a successful legislative session for Kansans for Life, the state's leading anti-abortion group.

When it became clear on Aug. 2 that the multimillion-dollar effort behind the so-called Value Them Both Amendment had failed, Peter Northcott, executive director of Kansans for Life, vowed, "We are not going anywhere."

"This setback is not going to stop us," he said. "Our resolve has never been stronger than in this very moment."

In January, Kansans for Life rolled out its legislative agenda at the organization's March and Rally for Life at the Statehouse. The four-part agenda included the "born alive" and "abortion pill reversal" legislation, plus tax credits for donations to pregnancy centers and increased direct taxpayer funding to them. Only the tax credit proposal is at risk of failing.

Danielle Underwood, a KFL spokesperson, said during the rally that they were on a "sacred mission" and "we have no choice but to redouble our efforts."

More: Months after Value Them Both failed, Kansas March for Life unveils new anti-abortion slogan

'Born alive' bill becomes law with bipartisan support

House Bill 2313 enacts so-called "born alive" legislation, which supporters say will protect a baby born alive after a botched abortion. Opponents say such a situation doesn't happen in Kansas.

"It is proper to offer medical care to a living, breathing, heart-beating, muscle-moving human being," said Rep. Clarke Sanders, R-Salina.

Opponents argued the new law will mean babies with fetal birth defects, such as not having a brain, will be deprived of spending their short lives with their mothers.

More: After Kansas abortion vote, lawmakers advance bill requiring care for infants 'born alive'

"This measure puts our medical providers, whether in a hospital or in a clinic, in a precarious position of not allowing families to have that personal time that might occur in such a situation," said Sen. Pat Pettey, D-Kansas City.

In vetoing the bill, Kelly called it "misleading and unnecessary." Gawdun accused opponents of "effectively endorsing infanticide."

The House needed 84 votes and the Senate needed 27 votes to override the veto. It passed 87-37 and 31-9, respectively.

Republicans had enough votes on their own, but they picked up bipartisan support with Rep. Jason Probst, D-Hutchinson, Rep. Marvin Robinson, D-Kansas City, and Sen. David Haley, D-Kansas City, supporting the measure.

Haley blamed "culture wars" for putting him in a position of "reluctantly" supporting the bill, viewing it as an issue of "viability."

"No one has stood greater for choice in this chamber as much as I have," Haley said. "As a former member of the board of Planned Parenthood in Kansas City, I personally walked dozens of women through the teeming mobs standing their way to make a personal decision that should be held between them and their faith and their physician."

'Abortion pill reversal' becomes law with help from Democrat

House Bill 2264 primarily enacts so-called "abortion pill reversal" legislation, requiring abortion providers to relay information to patients on the medically disputed concept that progesterone can reverse the effects of mifepristone.

"A woman has a right to know that," said Rep. Bill Clifford, R-Garden City.

Kelly said the bill, "given the uncertain science behind it, could be harmful to Kansans' health."

More: Kansas tries to require abortion reversal pill disclosure — despite dispute over science

Clifford dismissed the lack of scientific studies to support the practice.

"You know, CPR has never had a controlled clinical trial, but we certainly do that for somebody having a cardiac arrest," he said.

The new law also redefines abortion in state statute to clarify that birth control and ectopic pregnancy treatment and not considered abortions. Supporters said they were inspired by opposition rhetoric during the Value Them Both campaign, spurring opponents to allege the effort is intended to set up a second attempt at amending the constitution.

More: Kansas voters rejected Value Them Both. Republicans’ answer? Redefine ‘abortion.’

The House voted 84-40. With Rep. David Younger, R-Ulysses, and Rep. Mark Schreiber, R-Emporia, siding with Democrats, Republicans needed Robinson's yes vote to override the veto.

The Senate voted 29-11 along party lines.

Abortion clinic liability insurance fails to override veto

House Bill 2325, which was not on KFL's legislative agenda, would have stripped abortion clinics from a state professional liability insurance fund while adding maternity homes to it.

Supporters like House GOP leadership argued that Kansans "overwhelmingly oppose taxpayer funding of abortions." The state agency is funded through provider fees, not taxes. While some Republicans acknowledged that distinction, they argued the law is a natural extension of the existing law banning taxpayer funding of abortions.

It is unclear what affect, if any, the failed bill would have had on abortion providers, but Pettey contended the legislation was designed "to regulation abortion facilities into bankruptcy."

"Kansans voted in August, saying they believe in the right of a woman to make a choice, and we're, through this legislation, trying to make sure that that choice is not available," she said. "I just want to remind you that it's going against the will of our citizens."

"I don't believe for one second that the majority of the people in Kansas want taxpayer money funding abortion," said Sen. Mark Steffen, R-Hutchinson.

More: Shrugging off August 2022 abortion vote, Kansas Senate passes two anti-abortion bills

The House voted 84-40. Robinson again voted with Republicans to give them the necessary supermajority as Younger and Schreiber sided with Democrats.

The Senate voted 25-15 with opposition from Democrats and Sens. Jeff Longbine, R-Emporia; Brenda Dietrich, R-Topeka; John Doll, R-Garden City; and Carolyn McGinn, R-Sedgwick.

Longbine was the only Republican to speak against the bill, explaining that he supported removing abortion clinics but opposed allowing maternity homes to benefit from a fund designed for health care providers.

More taxpayer funding will go to anti-abortion efforts

The Legislature also overrode the governor's line-item veto in next year's budget of $2 million for a new "alternatives to abortion program" administered by the state treasurer instead of the health department. It is designed to funnel taxpayer money to anti-abortion counseling centers through a private organization that could be shielded from open records law.

Anti-abortion counseling centers, often referred to as crisis pregnancy centers or pregnancy resource centers, have become a greater focal point in abortion politics.

More: How Kansans for Life plans taxpayer money to benefit anti-abortion pregnancy centers

Supporters of the 50-some organizations in Kansas say they provide resources to pregnant women and girls, such as diapers and parenting classes. But they have also been accused by opponents of spreading misinformation about abortion.

"It was said during Value Them Both that those of us that are pro-life don't care about babies after they're born," said Rep. Brenda Landwehr, R-Wichita. "We do care about the babies. This is a program that we saw as a need to take care of babies after they're born. It also helps women to get through and deal with prenatal issues while they're pregnant."

Rep. Lindsay Vaughn, D-Overland Park, pointed to the existence of the Stan Clark Pregnancy Maintenance Initiative, which received a $339,000 budget increase to provide similar services.

"We're spending $2 million on that as a state, despite the fact that there's no oversight and despite the fact that a similar program already exists," Vaughn said.

More: Kansas bill advances allowing tax break for donations to anti-abortion pregnancy centers

The House voted 86-38 with Robinson siding with all Republicans. The Senate voted 29-11 in a party-line vote.

The Legislature has not enacted a separate tax break for donors to anti-abortion centers. The proposal was bundled into a tax bill did not have a veto-proof majority.

This article originally appeared on Topeka Capital-Journal: Kansas Legislature enacts anti-abortion laws, overriding vetoes