Abortion, Constitution protects the right of women, Kansas Supreme Court. The Constitution of Kansas secured the abortion right of a woman, ruled on Friday by the Supreme Court. The landmark decision is now the law of the country in Kansas without any route for an appeal. As it adversely affects the Constitution, abortion in Kansas would remain legal even if the Roe v. Wade case, which established a national abortion right, were ever reversed by the U.S. the Court of Justice.
The decision has spurred conservative legislative efforts to call on the Kansas Constitution to add an abortion ban. Next week, the lawyers will be back in Topeka, capital. The decision, in which one of the seven justices dissented, cites in its first sentence the first section of the Kansas Constitution’s Bill of Rights: “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.”
The decision continues: “We are now asked: ‘Is this declaration of rights more than an idealized aspiration? And, if so, do the substantive rights include a woman’s right to make decisions about her body, including the decision whether to continue her pregnancy? We answer these questions, ‘Yes.’ ” The court continued that “this right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy.”
“The State may only infringe upon the right to decide whether to continue a pregnancy,” the ruling continued, “if the State has a compelling interest and has narrowly tailored its actions to that interest.” The court took up the question of a constitutional right to abortion after two abortion providers in Overland Park, Kan., doctors Herbert Hodes and his daughter, Traci Nauser, challenged a ban on dilation and evacuation abortions passed by the Legislature in 2015.
The law known as the Kansas Unborn Child Protection from Dismemberment Abortion Act prohibits dilation and evacuation abortions except when necessary to preserve the life of the mother, prevent impairment of a major bodily function of the mother or where the foetus is already dead. The law was the first in the country to ban proceedings for almost
all abortions in the second quarter. In Kansas, the procedure represents only 9% of abortions. Anti-abortion-rights activists call it “dismemberment abortion,” but it is known medically as dilation and evacuation, or D&E.
The Kansas Bill of Rights “protects independently the fundamental right to abortions” was blocked in July 2015 by the Shawnee County Judge Larry D. Hendricks as well, “when alternative D&Es are not reasonable they would force unwanted medical treatment on women and would operate in some instances as a requirement for physicians to experiment o D&E.”
The state appealed, and in a sweeping decision in January 2016, the Kansas Court of Appeals upheld Hendricks’ decision, finding that the state’s Bill of Rights provides a right to abortion. It was the first time that a court of appeal in the Kansas Constitution had found such a right. Signifying the importance of the case, all 14 judges on the appeals court weighed in. The court split down the middle, with seven judges voting to uphold Hendricks’ decision and seven voting to reverse it. When an appeals court is equally divided, the effect is to uphold the decision of the trial court.
Judge Steves A. Leben wrote for the faction to vote in favor of the ban that “the rights of women in Kansas in 2016 are not limited to those that are specific to the men who drafted the constitution of our state in 1859.” The court’s decision to allow a live child’s dismemberment abortions to continue in the state of Kansas, issued a declaration from Sam Brownback, stating he was “deeply deceived.” The failure of the court to protect the fundamental rights of the unborn is contrary to the feeling of justice of the Kansan.”
The state has again appealed and in the case in March 2017 the Supreme Court heard the case. The amount of time it took for it to decide the case — it usually rules within months of oral arguments, not years — reflects the extraordinarily high stakes involved and the degree to which the abortion issue has polarized Kansas politics.
It was unusual for Hodes and Nauser to challenge the law because they did not argue that the statute was illegal according to the US. Constitution.-Constitution. In contrast, they argued that the Constitution of Kansas was unable to protect abortion rights because abortion was largely illegal when a paper had been drafted in 1859, and that Section 1 and section 2 of its bill of rights recognized a “fundamental right to abortion.”
Before the mid-1990s, Kansas was one of the least abortion-restrictive states in the country. Wichita was home to one of the country’s few third-trimester abortion providers, Dr. George Tiller, who was assassinated by an anti-abortion-rights extremist in 2009. But the Summer of Mercy anti-abortion protests in 1991 spurred political action that allowed policymakers to pass laws and regulations requiring minors to get consent from their parents for an abortion procedure, preventing state-funded insurance plans from covering abortions and requiring women on private insurance plans to pay for a separate abortion rider if they wanted insurance to cover the procedure.