Kansas Votes to Uphold Constitutional Right to Abortion in First Ballot Measure since Dobbs
In a surprise upset Tuesday night, Republican-dominated Kansas voted to keep a right to abortion in the state constitution, upholding a pre-existing state supreme court decision that prevented the legislature fr0m enacting pro-life laws, in the first such ballot measure since the reversal of Roe v. Wade.
The “Value Them Both” amendment failed, with nearly two-thirds rejecting the measure, according to Business Insider. As of just before 11:00 p.m. EST on Tuesday night, 62.3 percent had voted “no” on the initiative and 37.7 percent had voted “yes,” according to results from the New York Times.
It would have modified the Kansas constitution to allow the state legislature to pass abortion restrictions and regulations. This is the language that would have been added:
Regulation of abortion. 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, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother.
In 2019, the Kansas supreme court determined that the state’s constitution, when it was chartered in 1859, had created a “fundamental” right to abortion through a provision similar to the opening proposition of the Declaration of Independence: “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” The court decided that the constitution, therefore, did not permit statutes generally outlawing the most common second-trimester abortion procedure (dilation and evacuation) in which the fetus is dismembered in the womb.
While Kansas has some abortion limitations currently on the books, such as an abortion ban after 22 weeks of pregnancy, an ultrasound requirement, and a prohibition on taxpayer-funded abortion, proponents of the amendment argued that the 2019 ruling left these laws on precarious footing. For example, one court, deferring to the higher court’s precedent, already voided state laws that governed licensing and safety requirements for abortion facilities.
Prior to the referendum, the most recent public polling from July 21 projected the amendment would be adopted, with 47 percent of voters supporting, 43 percent opposing, and 10 percent undecided, according to a Co/efficient survey shared with FiveThirtyEight.
