Kansas’ highest court affirmed on Friday that the state constitution protects abortion rights, striking down a ban on a common second-trimester procedure and laws that imposed stricter regulations on abortion providers compared to other health care providers.
The court’s decisions, with votes of 5-1, indicate that additional long-standing restrictions on abortion may not hold up under legal scrutiny. The dissenting justice, often viewed as the most conservative on the court, cautioned that Kansas could be moving towards a legal framework of unrestricted abortion access.
“This is a significant victory for the health, safety, and dignity of people in Kansas and across the Midwest, where millions have been unable to access abortion,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, which represented the abortion providers challenging the laws.
The rulings come nearly two years after a statewide vote in August 2022 affirmed abortion rights, following the U.S. Supreme Court’s Dobbs decision that allowed states to ban abortion.
Kansas voters rejected a proposed constitutional amendment by the Republican-controlled Legislature stating that the state constitution does not guarantee a right to abortion.
Republican Attorney General Kris Kobach argued that the 2022 vote did not affect whether the two laws could remain in force. However, Justice Evelyn Wilson, appointed to the court after its landmark 2019 decision, noted that despite possible disagreement at the time, “The people spoke through their votes.”
“The outcomes were embraced by the public, demonstrating Kansas’ successful democratic process,” wrote Wilson, appointed by Democratic Gov. Laura Kelly, a staunch advocate for abortion rights.
Neither of the laws struck down by the court had been enforced due to ongoing legal challenges brought by abortion providers.
