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Abortion on the Ballot in Kansas

In Kansas’ August 2022 election, the right to have an abortion will be on the ballot. Kansans will vote on a constitutional amendment that would remove their right to determine the course of their pregnancies and allow politicians to pass medically unnecessary regulations, including laws limiting or outright banning abortions. 

What You Need to Know

The full text of the amendment is just a paragraph long, but it will have an outsized impact on thousands of people’s abilities to access essential, safe and legal health care. You can read HCR 5003 in its entirety here, or just check out the amendment language below: 

“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 curcumstances of necessity to save the life of the mother.” 

Of course, the state legislature already has the ability to pass laws that regulate abortions. At issue here is that any laws passed must meet strict scrutiny, which simply means the laws must address a compelling governmental interest--regulations that require multiple arbitrary in-person visits, for example, would not meet this standard. It’s important to note that while the ballot language frames the amendment as the only way for Kansans to regulate abortions, it’s simply--and obviously--not true. What the amendment would provide is the path for politicians to regulate legal abortion in Kansas out of existence through arbitrary mandates that could have zero relevance to the safe practice of reproductive health care. We’ve already seen these types of laws in other states across the country: Targeted Regulation of Abortion Provider laws (TRAP laws) are used in many states across the country to make the practice of abortion care more onerous. 

What’s At Stake

The ballot measure won’t come before Kansas voters until August of 2022, but we can’t afford to wait until next summer to spread the word about what is at stake. The politicians and groups behind this amendment want to ban abortion in Kansas. That’s unacceptable. Sign up now to help us educate Kansans about this dangerous amendment. 

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Recent News

“Ahead of governors race, Kansas AG to appeal ruling blocking ban on abortion procedure” KC Star, 7/08/21