Top Kansas Republicans won't say if they will push model abortion ban if voters amend constitution
Top Kansas Republican lawmakers are noncommittal on whether they would push model legislation of an abortion ban proposed by a national anti-abortion group.
The National Right to Life Committee this week unveiled "a Post-Roe Model Abortion law for the states to adopt" if the U.S. Supreme Court overturns the constitutional protections in Roe v. Wade.
"We recommend prohibiting abortion except to prevent the death of the pregnant woman, which has been the accepted policy choice by the pro-life movement since 1973 and for many years before," NRLC general counsel James Bopp Jr. said in a Wednesday memo.
The Supreme Court is expected to release its decision in the Dobbs abortion case in coming weeks, potentially sparking a flurry of bills in state legislatures across the country — but not in Kansas.
"Our state is different than any other in the nation right now," Danielle Underwood, a spokesperson for Kansans for Life, said in an email. "We have a unique situation in Kansas that must be fixed. August 2nd is so critical that we are fully focused on passing the Value Them Both Amendment."
Underwood didn't directly answer whether Kansans for Life, the state affiliate of NRLC, supports the model abortion ban or if it will push for any new laws next session.
More: Abortion in Kansas could be massively impacted if Roe v. Wade was overturned. Here's why.
Top GOP legislators have remained mum on what new laws, if any, they would pursue if Roe v. Wade is overturned and the proposed amendment passes. They also ignored a bill this spring from one Republican lawmaker that would have criminalized abortion.
"I don't know," said House Majority Leader Dan Hawkins, R-Wichita, when asked by reporters whether he would be open to the model abortion ban. "We've got to pass Value Them Both first."
Value Them Both is the moniker anti-abortion activists gave to a proposed amendment to the Kansas Constitution. Voters in the August primary will have the option to effectively overturn a Kansas Supreme Court ruling that found abortion is constitutionally protected.
While nearby states make moves — Oklahoma recently passed a Texas-style abortion ban, Missouri has trigger law, Nebraska plans to call a special session on banning abortion if Roe falls and Iowa's supreme court undid constitutional protections for abortion — Kansas politicians are not telling voters what they will do if the amendment vote goes their way.
"It's not what lawmakers would like to do, it is what the people would like to do and have their lawmakers do," Senate President Ty Masterson, R-Andover, told reporters Thursday. "If you see the people want that decision, you'll see the lawmakers make it."
More: What does the Oklahoma abortion ban mean for clinics in Kansas?
Supporters say amendment is about protecting existing regulations
Masterson didn't answer whether he would be supportive of the proposed ban from NRLC.
"We're not even there yet," he said. "Kansas has to answer the question: 'Is abortion regulatable or not?' We either can restrict it and/or ban it, or you can't. ... Those aren't even conversations to have until we know whether or not we have the ability to do so."
Anti-abortion groups have pushed for the amendment as a means of protecting existing regulations, claiming the state supreme court decision threatens "all existing laws that permit basic regulations on abortion."
They warn of a Kansas with "unlimited abortion," where lawmakers "will no longer be able to hold the abortion industry accountable." They cite, in part, the dissent of conservative Justice Caleb Stegall, who characterized it as "a right to nearly unfettered abortion access."
But that isn't what the court's majority ruling actually says. The justices ruled that the "inalienable natural rights" protected in the state Bill of Rights extends to personal autonomy.
"This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy," the opinion states. "Although not absolute, this right is fundamental.
"Accordingly, the State is prohibited from restricting this right unless it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest."
Masterson said the choice now rests with voters.
"Personally, I'm a pro-lifer and I think these babies have a right to live," he said. "But it's the people of Kansas's decision. ... At this point, there needs to be a correction of the disastrous decision by the court, then we'll decide where we go from there."
Before the draft legislation was announced, Attorney General Derek Schmidt demurred on whether he would like to sign any particular abortion legislation if he unseats Gov. Laura Kelly.
"We need to wait and see what Kansans have to say and then proceed accordingly," Schmidt told The Capital-Journal after filing for governor. "We have to listen to what voters say at the ballot box.
"I'm a strong believer that we need to defend the health and safety restrictions, the public funding restrictions, the late-term restrictions that are already on the books in Kansas. I'm very much focused on making sure we can do that."
More: Kansas appeals court siding with Wichita clinic could be small step toward telemedicine abortions
Candidates for AG don't rule out prosecuting women who get abortions
The model legislation includes criminal, civil and medical licensing board enforcement provisions, but its authors don't intend for women and girls who get abortions to be prosecuted.
"The model law ensures that no criminal or civil penalty will be imposed on a pregnant woman," the NRLC said in a statement.
In the three-way GOP primary to replace Schmidt in the attorney general's office, none of the candidates ruled out prosecuting people who get abortions if a ban becomes law. Two of them seemed to expect lawmakers to do something, based on comments during a debate this week hosted by Kansas City PBS.
"Whether the law passes such that prosecutions take place of providers or individuals is up to the Legislature, not the attorney general," said Tony Mattivi.
Kris Kobach also said prosecutorial decisions would depend on what statutes are enacted. He said said he expects lawsuits to follow "when we pass new pro-life legislation after we pass the Value Them Both amendment on Aug. 2."
Rather than address the substance of the moderator's question, Sen. Kellie Warren chose to attack Kobach on his performance in the courtroom.
"Joe Biden hasn't had a lot of good news lately, but him hearing that Kris Kobach wants to litigate against him, that might be the best news he's had in a long time," Warren said.
Jason Tidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jtidd@gannett.com. Follow him on Twitter @Jason_Tidd.
Andrew Bahl, of the Topeka Capital-Journal, contributed reporting.
This article originally appeared on Topeka Capital-Journal: Kansas GOP skirts abortion ban question, await Roe and Value Them Both
