Kansans will vote Tuesday on whether to remove abortion protections from the state constitution, making it the first such ballot test in the post-Roe v. Wade United States.
The ballot measure posed to voters asks whether the Republican state legislature should have the authority to regulate state abortion laws, paving the way for significant restrictions or an all-out ban. The June demise of a constitutional guarantee to an abortion in the case Dobbs v. Jackson Women’s Health Organization has opened the door to a wave of anti-abortion legislation in red states, which now have the authority to regulate access to the procedure within their borders.
Abortion is currently legal in Kansas, per the state constitution, which the state Supreme Court determined in 2019 implies a right to abortion that can’t be overruled by state lawmakers. But the state has regulated the procedure. An abortion cannot be performed beyond the 22-week mark, patients must receive state-authored information pamphlets and wait 24 hours after undergoing an ultrasound, and minors requesting abortions must have parental consent. Telemedicine for abortion as well as taxpayer funding for abortions are banned.
Democrats say the measure’s language has perplexed left-leaning Kansans, who have had trouble determining which way they should vote — yes or no — to reflect their views. Some Democrats who favor abortion rights will answer “yes,” believing they have reaffirmed the right when they mean to answer “no” to the prospect of removing a state constitutional right.
This is the language of the measure to which voters have to answer yes or no: “Because Kansans value both women and children, the constitution 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 circumstances of necessity to save the life of the mother.”
“It’s not new to those of us in the #ksleg, but it may be to Kansans who are being misled about the August 2nd election,” said Dinah Sykes, minority leader of the Kansas Senate. “The Republican supermajority plans to ban abortion, full stop, if the amendment passes.”
The question does not indicate what would follow the vote. It does not say explicitly that lawmakers are poised to implement tight restrictions on when and who can procure an abortion. The state’s attorney general, though, signaled a willingness to enforce a ban if the legislature were to pass one.
The vote on Tuesday, which really began weeks ago with early voting, is expected to be tight. Early polling from consulting firm Coefficient showed that 47% of likely primary voters say they plan to vote for the amendment, while 43% say they plan to vote against it. Meanwhile, only 9% of prospective voters said they supported a total ban.
The advocacy group Kansans for Constitutional Freedom, which is rallying “no” votes on the measure, presented an exhaustive list of healthcare providers who oppose the amendment and are encouraging fellow Kansans to vote against it. Four hundred doctors who provide abortions, family planning services, and specialize in women’s health signed on to the group’s message opposing the measure.
“These oppressive laws could force many women to face the known risks associated with continuing a pregnancy, including potential pregnancy-related complications and worsening of existing health conditions,” the doctors said. “As doctors and health care providers, we take an oath to do no harm. We stand united to oppose the August 2nd constitutional amendment and the harm it will cause to our patients and communities.”
