Kansas Supreme Court Reaffirms Right to Abortion Under State Constitution
Court strikes down ban on standard abortion method and several discriminatory restrictions as unconstitutional
07.05.24 (PRESS RELEASE) – Today, the Kansas Supreme Court reaffirmed that the state constitution protects the right to abortion, striking down several abortion restrictions. Among the laws permanently struck down today is a ban on the most common abortion procedure used after approximately 14-15 weeks of pregnancy, called dilation and evacuation (D&E). The case was filed by the Center for Reproductive Rights on behalf of Drs. Hodes and Nauser, and their practice, the Center for Women’s Health, which has offered abortion care in Kansas for decades.
Today’s decision comes over four years after the court recognized that the state constitution protects the right to abortion, which it reaffirmed today in ruling that the abortion restrictions passed over 10 years ago are unconstitutional. The Kansas high court wrote: “We stand by our conclusion that section 1 of the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person’s right to terminate a pregnancy.”
“Kansas voters made it loud and clear in 2022: the right to abortion must be protected. Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access. We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state.”
The state’s high court also ruled against a series of restrictions designed to single out abortion providers and patients by imposing impractical and unnecessary requirements. Today’s decision to strike down these laws comes almost two years after Kansans overwhelmingly rejected a ballot measure that would have eliminated the fundamental right to abortion under the state constitution. Still, state lawmakers repeatedly attempt to restrict abortion access during each legislative session.
The Center for Reproductive Rights is currently representing abortion providers in another ongoing challenge to several onerous restrictions including a law forcing providers to falsely tell their patients that a medication abortion can be “reversed,” an unproven claim not based on medicine or science.
Since Roe v. Wade was overturned, Kansas abortion clinics have been inundated with patients from across the region seeking care. The number of abortions provided in Kansas increased by 57% in 2022, with over two-thirds of patients traveling from out of state. Because of the influx of out-of-state patients and increased wait times at clinics, more Kansans are left with no option but to travel outside of the state for time-sensitive care.
Hodes & Nauser MDs, P.A. v. Kobach was filed in 2015 by the Center for Reproductive Rights, Arnold & Porter, and Teresa Woody of The Woody Law Firm PC. Hodes & Nauser, MDs, P.A. v. Stanek was filed in 2011 by the Center for Reproductive Rights and Teresa Woody of The Woody Law Firm PC.
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