Proposed amendment would state no right to abortion under Kansas Constitution

A Kansas senator wants to amend the state constitution to explicitly state it does not protect the right to abortion.

The proposal is a response to a ruling by the Kansas Court of Appeals last month that the state constitution protects the right to abortion.

The judges on the court split 7-7, thereby upholding a ruling by a lower court and handing a victory to abortion-rights supporters who say the decision gives them stronger grounds to challenge abortion restrictions in state court.

Sen. Greg Smith, R-Overland Park, said Tuesday that he has already found six co-sponsors for the proposed constitutional amendment, which would require a two-thirds majority by the Kansas House and Senate to be added to the November ballot. He plans to officially introduce the bill later this week.

“Obviously, the appellate court was evenly split on this issue. … This just gives them the guidance that apparently they need to say, ‘Hey, you don’t have to worry about figuring this out anymore. We’ve got it,’ ” Smith said.

He said this would allow Kansans to decide the issue instead of the courts.

“One of the appellate court judges said that, you know that, ‘I don’t think we should be doing this; this should be done by the people of Kansas. If they want a right to abortion they should be able to put in or if they don’t want a right to abortion they should be able to put in,’ ” Smith said. “This just makes it clear.”

The proposal would not change the legality of abortion in Kansas, which is protected under federal law, but would hamper efforts to challenge abortion restrictions in state court.

Smith’s proposed amendment was greeted with criticism from abortion-rights supporters.

“Senator Smith needs to return to Government 101. It is the role of the courts to interpret the law and the constitution. It is not the role of the Legislature to do so,” said Elise Higgins, a lobbyist for Planned Parenthood of Kansas and Mid-Missouri. “This is out of bounds and a power grab by Governor (Sam) Brownback’s allies and a violation of the separation of powers. Legislators should focus on their job … which is passing laws to balance the budget and enhance the lives of the citizens of Kansas.”

This story was originally published February 2, 2016 at 3:36 PM with the headline "Proposed amendment would state no right to abortion under Kansas Constitution."