Posted on Thu, May. 01, 2008

Abortion opponents in the Senate failed Wednesday to override the governor's veto of a bill aimed at strengthening enforcement of late-term abortion laws.

"I'm very disappointed in the governor's veto, and very disappointed that we were unable to override the veto," said Sen. Tim Huelskamp, R-Fowler, who carried the override attempt.

Backers of the bill needed 27 votes to override the veto; the vote was 25-14 with Sen. Jay Emler, R-Lindsborg, absent.

The bill would have allowed family members of a woman to sue if they thought a doctor had performed or was about to perform an illegal late-term abortion.

In her veto last week, Democratic Gov. Kathleen Sebelius cited concerns that families might use the provision to block an abortion even if the pregnancy endangered the woman's life. She worried the measure might be unconstitutional.

"We are delighted that women's health and safety has been upheld in Kansas and that women will be able to make those health care decisions for themselves," said Julie Burkhart, chief executive for the group ProKanDo, which supports abortion rights.

Supporters contended that House substitute for Senate Bill 389 would prevent coerced abortions, especially those involving minors.

The measure included "some real means by which to protect young women across the state -- and across the nation, actually, that come to our state -- that are forced against their will come to an abortion clinic by a sexual predator," Huelskamp said.

Mary Kay Culp, executive director of Kansans for Life, which lobbied for the bill, said "women and teens coerced into Kansas abortions were revictimized" by the vote.

The measure also would have allowed the attorney general or district attorneys to prosecute a reported violation in the county where it happened or in the county where the woman lives.

Additionally, it would have given prosecutors access to abortion forms collected by the Kansas Department of Health and Environment, and required the department to collect a more detailed diagnosis for why a late-term abortion is needed. The forms do not contain personal information.

Burkhart contended that allowing law enforcement officials, public officials and family members to intervene and stop a late-term abortion would be "a form of reversed coercion.... It would just wreak havoc that county and district prosecutors would have the right to go snooping around in the private medical files of women."

Under current law, an abortion after the 21st week of pregnancy requires two doctors to conclude that if the pregnancy continues, the mother could die or face "substantial and irreversible" harm to "a major bodily function." The two physicians cannot be legally or financially affiliated.

Abortion opponents believe the law was meant to prevent doctors from aborting viable fetuses unless there was a medical emergency. More than 2,600 late-term abortions have occurred in Kansas since the law took effect in 1998.

Reach Jeannine Koranda at 785-296-3006 or jkoranda@wichitaeagle.com.