Kansans voted ‘no’ by a landslide. What that means for state abortion laws and access
Kansans voted to protect abortion rights on Tuesday in the first post-Roe vote on abortion in the country. Voters came out in droves to overwhelmingly reject an amendment to the state constitution that would have removed the right to abortion.
The ‘no’ votes won a double-digit victory with 59% of the votes after all the precincts reported their final results.
So even though the U.S. Supreme Court ruling that overturned Roe v. Wade stripped federal abortion rights, Kansas will continue to protect the right to abortion under its state constitution.
Lawmakers will not be able to pass any major restrictions on the procedure that would infringe upon the right to bodily autonomy. Any legislation that does attempt to restrict abortion will have to pass a high level of “strict scrutiny” in order to remain constitutional.
How did the votes shake out?
Voter turnout was historically high.
At least 534,134 Kansans voted ‘no,’ and at least 374,611 voted ‘yes’.
These are technically still “unofficial” vote totals because some absentee ballots are still rolling in and some provisional ballots are still being verified. Kansas Secretary of State Scott Schwab has until Sept. 1 to officially certify the results, but Schwab’s office may act sooner.
What changes after the vote?
Nothing immediately. By voting ‘no,’ Kansans preserved the status quo and kept the right to abortion enshrined in the state constitution.
What does it mean that Kansans have a right to abortion?
In 2019, the Kansas Supreme Court ruled that the state constitution includes a right to bodily autonomy, and the justices specified that it includes the right to end a pregnancy.
That 2019 decision established a new legal standard over how abortion is regulated and restricted in Kansas, and how it will continue to be regulated since the amendment did not pass.
If the Kansas Legislature does attempt to pass new abortion regulations, it must pass a high level of “strict scrunity.” That means that most restrictions on abortion, including a total ban, would be considered unconstitutional in Kansas.
Will there be any abortion regulation in Kansas?
Yes. Even with the right to abortion protected, Kansas heavily regulates the procedure.
Abortions after 22 weeks are strictly limited. Patients must receive mandatory state-written materials before going through with an abortion. An ultrasound is required, and so is parental consent for minors.
Abortion clinics in Kansas face regulation from the state health department for safety, sanitation and cleanliness. Practicing clinicians must abide by license requirements and investigations by the state, just like all other medical professionals in Kansas.
Do taxes pay for abortions?
Generally, no. Publicly funded health insurance plans like Medicaid will only cover the procedure in Kansas if it is necessary to save the life or a “major bodily function” of the patient.
Will abortion regulations change in Kansas?
They could, but they won’t immediately. Lawmakers can still pass laws regulating abortion in Kansas, but those laws could be challenged in court under that 2019 ruling that established the right to abortion. Restrictions that impede on an individual’s access to abortion would be considered unconstitutional in Kansas.
It is possible that abortion rights advocates, or others, could sue to block some of the existing abortion regulations in the future saying that they’re too restrictive based on the 2019 ruling and the right to abortion, but it is not guaranteed that those restrictions would then go away. It would depend on the facts of the individual cases and decisions made in Kansas courts.
In order for any of the current regulations to change, individual restrictions would need to be legally challenged one at a time, and Kansas courts would need to decide that the restriction is unconstitutional, because it violates the right to abortion or another part of the state constitution.
An example of this was how Kansas’ ban on a common second trimester abortion procedure was struck down because it violated the right to abortion.
Is this right to abortion protected forever?
Not necessarily forever. Lawmakers could try again to put another constitutional amendment on the ballot in the future.
It’s also possible that the Kansas Supreme Court could overturn the 2019 decision that established abortion as a right some time in the future, especially if the makeup of the court changes. Six of the seven justices currently on the state Supreme Court bench will be on the November ballot to either keep or be removed from their seats.
Where in Kansas can people get abortions?
Kansas will be an access point for abortion in the Great Plains, especially with bans in place in Missouri and Oklahoma.
There are only four clinics in Kansas: two in Overland Park and two in Wichita.
Kansas clinics have seen increased call volumes since the U.S. Supreme Court overturned Roe. It’s unclear at this point whether clinics will expand to accommodate more out of state patients.
“Now, more than ever, our work continues,” Emily Wales, president of Planned Parenthood Great Plains Votes said in a statement. “Planned Parenthood Great Plains has served Kansas for decades and tomorrow, we’ll wake up and do just that – but with the reassurance that people in Kansas will continue to make medical decisions that are best for their health, their lives, and their futures.”
Here are the four clinics in Kansas:
Planned Parenthood Comprehensive Health Center in Overland Park
Center for Women’s Health in Overland Park
Trust Women in Wichita
Do you have more questions about the vote and what it means? Email us at kcq@kcstar.com.
This story was originally published August 3, 2022 at 12:10 PM.