Kansas House Votes To Put Abortion Amendment On Statewide Ballot

By Sherman Smith, the Kansas Reflector

January 22, 2021

TOPEKA — The Kansas House on Friday passed a constitutional amendment declaring women have no right to an abortion, setting up a vote in the Senate to place the amendment on the ballot in the August 2022 primary.

The Republican supermajority in the House refused to break ranks, resisting an onslaught of bitter complaints from Democrats about politically charged elements of the bill and claims of hypocrisy. The Value Them Both amendment passed by an 86-38 party-line vote, on the 48th anniversary of Roe v. Wade.

“Unlimited abortions hurts women and babies,” said Rep. Tory Arnberger, R-Great Bend. “Value Them Both preserve safeguards for those involved within this industry. Value Them Both lets the people continue to regulate abortion through their elected officials. Kansas feel very passionate about this issue. So why not let them vote?”

Democrats unsuccessfully argued for moving the date of when the amendment will appear on the ballot, and to secure protections for women whose lives are in danger or are the victims of sexual assault.

“Human rights should not be put to a popular vote,” said Rep. Lindsay Vaughn, D-Overland Park. “That is why they are called rights.”

The amendment is a response to an April 2019 decision by the Kansas Supreme Court, which blocked a state law that banned abortion by dilation and evacuation, a procedure used for 95% of patients who terminate a pregnancy in the second trimester.

The court determined the Kansas Constitution’s Bill of Rights “affords protection of the right of personal autonomy, which includes the ability to control one’s own body, to assert bodily integrity, and to exercise self-determination. 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.”

By finding a right to abortion in the state constitution, the decision protects abortion rights for Kansas women even if Roe v. Wade is overturned by the U.S. Supreme Court.

Anti-abortion lobbyists and lawmakers responded to the decision by forming an amendment to supersede the high court. Last year, the House fell three votes shy of the 84 needed for a two-thirds majority approval.

The Kansas Senate was scheduled to debate and vote on the abortion amendment on Thursday but delayed the vote with several Republicans absent. Republicans hold a 29-11 advantage in the Senate, where the amendment would require 27 votes to pass.

Check back for updates as this story develops.

The Kansas Reflector seeks to increase people's awareness of how decisions made by elected representatives and other public servants affect our day-to-day lives. We hope to empower and inspire greater participation in democracy throughout Kansas.