In one of the most unhinged opinions I have ever read, the Kansas Supreme Court created a right to abortion from thin air in the Kansas Constitution. The Court took language that was meant to safeguard life and freedom and used it to justify the killing of innocent life and reinforce a culture that believes in liberty unencumbered by morality, to the detriment of others.
How exactly did this happen?
In 2015, the Kansas legislature became the first state in the nation to pass a ban on what is known as dismemberment abortions. This is a late term abortion method that literally rips the baby out of the womb limb by limb while the baby is still alive. It is a grisly, horrifying procedure which the majority of the Court chose not to address in last week’s Hodes and Nauser v. Schmidt opinion. Hodes and Nauser, a father-daughter abortionists team challenged the law as violating their and their patients’ right to abortion in the Kansas Constitution. Except there isn’t a right to abortion in the Kansas Constitution.
So, our Kansas Supreme Court created one.
The Court completely unbound itself from any sane understanding of history, western legal philosophy, and common sense. They undercut all understanding of western society and chartered their own course where the individual is the ultimate and only true reality. In doing so, they arguably protected the “right to abortion” even more than the U.S. Supreme Court.
We are grateful for the one dissenting voice in this chaotic tale, Justice Stegall, who so eloquently noted:
Reading today’s majority opinion is a follow-the-white-rabbit experience. One is left feeling like Alice, invited by the Queen to believe “‘as many as six impossible things before breakfast.'” Indeed, the story told by the majority is a strange one. In it, all the luminaries of the western legal tradition—from Sir Edward Coke and William Blackstone to Edmund Burke and Thomas Jefferson—would celebrate and enshrine a right to nearly unfettered abortion access. In this imagined world, the Liberty Bell rings every time a baby in utero loses her arm.
As the concurrence in this opinion points out, the majority gave little to no instruction how the creation of a fundamental right to abortion effects current pro-life laws. They actually didn’t even technically rule on the dismemberment abortion ban. They left that for the lower court. This could mean that every pro-life law is challenged, we are forced to use tax-payer dollars to pay for abortion, and because the ruling is so expansive it could lead to legalizing assisted suicide or funding for transgender surgery.
Where do we go from here?
It is vital that we pass a constitutional amendment that declares that there is no right to abortion in the Kansas Constitution. Three other states (Alabama, West Virginia, and Tennessee) have already done this. It will require a 2/3rd majority of the legislature to pass language to go on the ballot. Then it will require that a majority of Kansas voters approve that language in an election. In the pro-life state of Kansas, passing this sort of amendment is a reality we can realize. But it is going to take all of us working together. The first step is calling your legislators and letting them know that you want this to happen. You can find their numbers here. (Enter your zip code and/or address and then click on the Kansas Tab.)
The second step is talking to everyone you know that lives in Kansas and educating them on why it is so important that we pass this amendment. Passing a constitutional amendment is often a long, drown-out fight – but we are prepared to fight.
It was a rough week for life in Kansas. If anything, this week shows that elections have consequences. We are experiencing the ill effects of a horrible judicial selection process and the election of a governor who is opposed to all the values we hold dear.
As we alerted you last week, Governor Kelly showed her true colors by vetoing the Abortion Pill Reversal bill. This is a simple common-sense law that ensures women have information to basic information about a chemical abortion. Conservative legislators immediately began calling for an override of the veto. This will be one of the first courses of action when the legislature comes back from break on Wednesday, May 1st. If you haven’t already, please urge your legislators to override this veto.
We may have been dealt several tough blows this week, but I’m not discouraged – these struggles remind me that we have only begun to fight. These are winnable battles. We must be willing to put in the hard work to see these decisions overturned.
I leave you with the verse that has been a tremendous comfort to me over the years and reminds me who is fighting on my side:
“In this world you will have trouble. But take heart! I have overcome the world.” John 16:33
Having only begun to fight,
Brittany Jones, Esq.
Director of Advocacy