This week I had the honor of testifying before the Interim Judiciary Committee which was tasked with examining the Kansas Supreme Court and the selection process for justices on that court. I testified along with our state allies, Kansans for Life and the Kansas Catholic Conference. Each of us addressed the gross violation of law and the sanctity of life in the recent the recent Supreme Court decision in Hodes & Nauser v. Schmidt.

Hodes & Nauser v. Schmidt is the April 2019 decision in which the Kansas Supreme Court created a fundamental right to abortion in our 1859 Constitution. This newfound right to abortion is protected by an even higher standard than the federal right created in Roe v. Wade and reinforced by Planned Parenthood v. Casey.

The first morning of the hearing focused primarily on the abortion ruling and the potential effects on the law in Kansas. In our testimony, we focused primarily on the legal and philosophical flaws of the opinion that were clearly designed to keep the legislature and the people of Kansas off balance.

Some of the most egregious concerns with how the decision was made (aside from the horrific nature of the final decision to create a fundamental right to abortion) include the way the court violates the rule of law in our state. They did this by ignoring the original meaning and understanding of the very rights they use to create the new right to abortion. They interpreted a right intended to protect citizens from being physically harmed (and was always thought to apply to babies in the womb) to mean that an abortionist has the right to abort a baby in the womb.

In the opinion, the Court attempted to unshackle itself from history that did not meet their particular narrative. They even went so far as to undermine every legislative body that they disagreed with simply because of who made up the legislative body. They essentially ignored all history that banned abortion in the common law.

Fundamentally, the court ignored the voices of countless women in Kansas who have fought for babies in the womb over the years. Conservatives are constantly accused of being anti-woman – yet a panel made up of mostly men made the decision to severely limit the ability of pro-life women in Kansas to fight for life in the womb. But that doesn’t mean we stop fighting. For a fuller reading about what the Court decided, you can read my commentary on the decision here.

What was clear – a Constitutional Amendment is needed to reverse this ruling. All the government representatives at the hearing, whether from the Legislative Revisors Office (the attorneys for the legislature) or from the Attorney General’s Office, agreed that the only way to fix the problem, created by the Court, is to pass a Constitutional Amendment. In the end, the commission voted that you should be given the opportunity to vote on a Constitutional Amendment.

Even now we are working with our coalition of allies to prepare for the upcoming legislative session. Would you consider partnering with us to defend children in the womb in Kansas?

Standing for life,

Brittany Jones, Esq.
Director of Advocacy

Friends,

Your action is needed TODAY. Even if you have never contacted your elected representative before, we need you to call them. The Kansas House of Representatives failed to pass the Abortion Pill Reversal bill veto override today by ONE vote.

This law would simply ensure that women seeking a chemical abortion have access to information letting them know that it may be possible to reverse a chemical abortion once they have taken the first abortion pill but before they take the second.

Please call your Kansas House of Representatives member today and ask them to reconsider this vote tomorrow morning and to vote to override the Governor’s veto.

You can find your representative’s number in our action center – simply enter your zip code and/or address and click on the Kansas Tab to find the contact information you need.

The Senate’s first course of action today was to override the veto. Now, we need the House to vote again tomorrow to override the governor’s veto so that women have access to information that they can reverse their chemical abortion.

In the fight for life,

Brittany Jones
Director of Advocacy

The legal drama surrounding two Kansas pro-life laws handed the pro-life movement a huge win this week. Laws surrounding telemedicine and whether a doctor is required to be physically present when a woman is given the chemical abortion pill have been wrapped up in litigation for years.

This specific lawsuit has to do with a law passed during the 2018 legislative session known as the Kansas Telemedicine Act and a 2015 statute that required that a doctor be present when an abortion is performed. I wrote about the most recent court actions back in January.

The abortion lobby has gotten used to courts handing out injunctions like candy, but finally, a Kansas court stood up for the rule of law and did not grant an injunction when the law being challenged did not present a harm to the abortionists suing. For an injunction to be granted there must be a cognizable harm to the actual person who is bringing the lawsuit.

The court pointed out that the doctors who brought the challenge could not show that they had ever performed telemedicine abortions (commonly known as webcam abortions) or that they had stopped performing them because of these laws. In fact, the clinic only started performing them AFTER the law was passed. A foundational principle of law is that the person challenging the law must actually be harmed by the proposed law and that courts won’t issue opinions just because they disagree with a law.

The court did not specifically analyze this law under the Kansas Supreme Court’s new right to abortion because it said that the Telemedicine Act was not regulating abortion. The court said that the Telemedicine Act was just stating that it should not be construed to allow telemedicine abortions.

Because the court opted to decide the case on grounds other than abortion law, we are still left in the dark regarding how the Kansas Supreme Court’s extreme abortion ruling will affect the constitutionality of many of our statutes. But if even a basic law – ensuring that a doctor is in the room when a women is taking medicine that potentially has many health consequences for her, not to mention the consequences for the baby inside her – can be legitimately challenged, it doesn’t bode well for many of the other laws that truly help women and protect babies.

We are incredibly grateful for judges like District Court Judge Watson who issued this decision. Her commitment to ensuring that the judiciary does not exceed its proper role is refreshing. The courts were never meant to be the final arbiters of every controversial issue. These issues were always intended to be decided by the elected legislative bodies. For today, we celebrate this victory.

Celebrating life,

Brittany Jones
Directory of Advocacy

Friends,

Your action is needed TODAY. Even if you have never contacted your elected representative before, we need you to call them. The Kansas House of Representatives failed to pass the Abortion Pill Reversal bill veto override today by ONE vote.

This law would simply ensure that women seeking a chemical abortion have access to information letting them know that it may be possible to reverse a chemical abortion once they have taken the first abortion pill but before they take the second.

Please call your Kansas House of Representatives member today and ask them to reconsider this vote tomorrow morning and to vote to override the Governor’s veto.

You can find your representative’s number in our action center – simply enter your zip code and/or address and click on the Kansas Tab to find the contact information you need.

The Senate’s first course of action today was to override the veto. Now, we need the House to vote again tomorrow to override the governor’s veto so that women have access to information that they can reverse their chemical abortion.

In the fight for life,

Brittany Jones
Director of Advocacy

Dear friends,

What now?

That’s the question on everyone’s mind as the legislative session looms. With a new governor and several new representatives in the State House things are certainly going to be different.

Governor Kelly has made her agenda clear. Despite some promising rhetoric about working across the aisle the governor-elect has laid out a progressive, partisan agenda highlighted by marijuana legalization, gambling expansion, and undermining religious freedom. Medicaid expansion is another top-priority for Kelly, which raises concerns about the taxpayer funding of abortion, elective sex-change operations, and more.

A new era has arrived in Kansas politics. Here’s what isn’t new: Family Policy Alliance of Kansas® fighting for you.

It’s been said, “Eternal vigilance is the price of liberty.” Put differently: if you want to be free, you better pay attention. At Family Policy Alliance of Kansas, we understand it isn’t easy to follow everything that’s happening in Topeka, much less your county and city government, or the local school board. We do that work for you. We do our best to share with you what’s most important and when you absolutely need to respond. Our goal is to make biblical citizenship as easy and effective as it can possibly be.

It won’t surprise you to hear that it takes hard work and prayer to do this work. What you can do right now is make sure you are following us on Facebook and Twitter so you can be informed of changes as they happen in 2019. Also, forward this message to your friends and family so they too can see what awaits Kansas in 2019 (most people are not aware of what our new governor has planned) – ask them to join you in taking action on these issues and lifting them up in prayer.

Sincerely,

Eric Teetsel
President and Executive Director