Should abortion be illegal in Kansas—even in cases of rape, incest, or the life or health of a woman being at risk? How should Kansas politicians regulate Kansas women?
Kansas voters get a say in these questions on August 2, 2022.
Right now, abortion is legal in Kansas, but our state legislature has limited that right.
For example, health insurance policies in Kansas generally can only cover abortion when a woman’s life is endangered. Before having an abortion, women must have an ultrasound, undergo government-directed counseling to deter them from abortion, and wait 24 hours.
The legislature has also placed numerous restrictions on doctors and clinics, which have arguably reduced the number of abortion providers in Kansas. And, abortion is illegal in Kansas after 22 weeks except under certain circumstances.
Right now, this limited right to abortion in Kansas depends on two court rulings.
The first is Roe v. Wade, decided by the United States Supreme Court in 1973. Simplifying Roe, it has generally meant that states cannot restrict a right to abortion in the first trimester, but they can restrict it in certain ways after that—like Kansas does.
The second ruling is Hodes & Nauser v. Schmidt, decided by the Kansas Supreme Court in 2019. It says that the Kansas Constitution’s Bill of Rights protects a right to abortion. However, it also recognizes the right of the Kansas legislature to restrict abortion. Simply, it enshrines the status quo—a right to abortion in Kansas, but with limits.
You might know that the US Supreme Court has chipped away at Roe. The Court recently heard a case that many feel will soon lead to it overturning Roe entirely or partly.
What happens if Roe is overturned?
Should that happen, 22 states have laws that would automatically ban abortion, typically in all circumstances—including rape, incest, and women’s health or life. That includes neighboring Missouri and Oklahoma. However, a limited right to abortion would still exist in Kansas thanks to Hodes.
How does August 2022 come into this?
The Kansas legislature has placed a constitutional amendment about abortion on the August ballot. A “yes” vote on the amendment overturns the Hodes ruling that a right to abortion exists in the Kansas Constitution. A “no” vote maintains the status quo by upholding Hodes.
How could we get to abortion being illegal in Kansas?
If Roe is overturned and the August abortion amendment passes, then the right to abortion in Kansas loses its legal foundation. The Kansas legislature could then ban abortion in our state, even in cases of rape, incest, or a woman’s health or life. The legislature could also pursue a policy like Missouri is considering right now that creates a bounty hunter system targeting anyone who helps women leave the state to have an abortion in another state.
If Roe is overturned and the August abortion amendment fails, then everything is status quo—the limited right to abortion continues in Kansas and the legislature continues to have the right to regulate abortion.
I’m not trying to tell you how to feel about abortion. But, as an informed citizen, you should realize that everything you know about abortion might soon change. Regardless of your position, you have the chance to directly shape public policy in Kansas this August 2nd.
Patrick R. Miller is an Associate Professor of Political Science at the University of Kansas.