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After Roe Fell: U.S. Abortion Laws by State

Protected

Kansas

Abortion will remain legal in Kansas as long as the state constitution is not amended. In 2019, the state’s highest court ruled that a pregnant person’s right to personal autonomy is protected in the Kansas constitution, and, in 2022, voters overwhelmingly opposed a constitutional amendment to remove that protection. Likewise in August 2026, voters overwhelmingly rejected a constitutional amendment to change how state supreme court justices were selected, which was yet another attempt to erode abortion protections in the state.

State Legal Details

Bans in Effect

  • Gestational Ban, 22-week LMP
  • Gestational Ban, Viability
  • Method Ban
  • Reason Ban

Bans Enjoined

  • Method Ban

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement

State Protections

Kansas law includes constitutional protections for abortion. In 2019, the Kansas Supreme Court held that “the Kansas Constitution Bill of Rights protects all Kansans’ natural right of personal autonomy,” which “includes the right to control one’s own body, to assert bodily integrity, and to exercise self-determination,” and allows each individual to make their own decision regarding “whether to continue a pregnancy.”1 Accordingly, under the Kansas Constitution, the correct standard of review is strict scrutiny.2 In January 2021, Kansas lawmakers passed legislation that placed an amendment to “affirm there is no Kansas constitutional right to abortion” on the August 2022 primary ballot.3 A majority of voters opposed the measure and the constitution continues to protect abortion.4 Kansas protects clinic access by prohibiting trespass or physical obstruction for health-care facilities.5

Restrictions

Kansas law generally prohibits abortion at twenty-two weeks LMP and post-viability.6 The state asserts that life begins at fertilization.7 It prohibits D&X procedures8 and abortions sought for reasons of sex selection.9 Kansas also limits public funding for,10 and private insurance coverage of, abortion.11 Kansas law generally requires that both parents, the legal guardian,12 or a judge13 consent to a minor’s abortion.

Providers who violate Kansas’s abortion restrictions may face civil and criminal penalties.14

Historical Restrictions

Kansas repealed its pre-Roe ban in 1992.15 Kansas law previously restricted the provision of abortion care to licensed physicians16 and restricted physicians from using telemedicine for the provision of abortion care,17 but the Kansas Supreme Court held that these laws violate the state constitution.18 In 2024, the Kansas Supreme Court held that the states ban on D&E procedures19 and targeted regulations of abortion providers (TRAP) laws related to facilities,20 admitting privileges,21 and reporting22 violated the state constitution.

In 2023, using its veto override authority, the Kansas Legislature enacted a biased counseling requirement.23 However in 2026, a Kansas court permanently enjoined that biased counseling requirements, including that providers share information about medication abortion “reversed,” restrictions on abortion paperwork, a waiting period mandate, and data reporting requirements. The court ruled that these all violated the state’s constitution.24

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Kansas. In 2019, the state’s highest court ruled that a pregnant person’s right to personal autonomy is protected in the Kansas constitution and, in 2022, voters overwhelming opposed a constitutional amendment to remove that protection.

  1. Hodes & Nauser, MDs, P.A. v. Schmidt, 440 P.3d 461, 502 (Kan. 2019). ↩︎
  2. Hodes & Nauser, MDs, P.A. v. Schmidt, 440 P.3d 461, 493–98 (Kan. 2019). ↩︎
  3. Value Them Both Amendment, H.C.R. 5003 (Jan. 28, 2021). ↩︎
  4. [1] Kan. Sec’y. of State, 2022 Primary Election, Official Vote Totals (2022), https://sos.ks.gov/elections/22elec/2022-Primary-Official-Vote-Totals.pdf ↩︎
  5. Kan. Stat. Ann. § 21-5808(a)(2). ↩︎
  6. Kan. Stat. Ann. § 65-6723(f); Kan. Stat. Ann. § 65-6724(c)(2)); Kan. Stat. Ann. § 65-67034(a); id. u00a7 65-6703. ↩︎
  7. Kan. Stat. Ann. § 65-6732. ↩︎
  8. Kan. Stat. Ann. § 65-6721 ↩︎
  9. Kan. Stat. Ann. § 65-6726. ↩︎
  10. Kan. Stat. Ann. § 65-6733; Kansas Medical Assistance Program, Kansas Medical Assistance Program Provider Manual, 28 (2019), available at https://www.kmap-state-ks.us/Documents/Content/Provider%20Manuals/Professional_04062010_10021.pdf. ↩︎
  11. Kan. Stat. Ann. § 40-2,190. ↩︎
  12. Kan. Stat. Ann. § 65-6705(a). ↩︎
  13. Kan. Stat. Ann. § 65-6705(b). ↩︎
  14. See, e.g., Kan. Stat. Ann. § 65-6724(g), (j); Kan. Stat. Ann. § 65-6726(b), (e). ↩︎
  15. Kan. Stat. Ann. § 21-3407, repealed by 1992 Kan. Sess. Laws 729. ↩︎
  16. Kan. Stat. Ann. § 65-4a10(a). See also Kan. Stat. Ann. § 65-1130(d)(1). ↩︎
  17. Kan. Stat. Ann. § 65-4a10(b)(1). ↩︎
  18. Trust Women Found. Inc. v. Bennett, No. 2019-CV-000060, 2019 WL 13251438 (Kan. D. Ct. Jul. 8, 2019), dismissed per stipulation (Kan. App. Mar. 13, 2025); Trust Women v. Schmidt, No. 18-CV-00844 (Kan. Dist. Ct. Dec. 31, 2018), appeal stayed (Kan. App. Oct. 22, 2020), temporary injunction granted (Kan. Dist. Ct. Nov. 23, 2022) (Order on remand, following appellate court’s mandate for temporary injunction). ↩︎
  19. Hodes v. Moser, MDs, P.A. v. Stanek, 551 P.3d 62 (Kan. 2024) (declaring unconstitutional Kan. Stat. Ann. §§ 65-6472(b), 65-6743). ↩︎
  20. Hodes v. Moser, MDs, P.A. v. Stanek, 551 P.3d 62 (Kan. 2024) (declaring unconstitutional Kan. Stat. Ann. §§ 65-4a01, 65-4a02, 65-4a07, Kan. Admin. Regs. §§ 28-34-126 to 28-34-144). ↩︎
  21. Hodes v. Moser, MDs, P.A. v. Stanek, 551 P.3d 62 (Kan. 2024) (declaring unconstitutional Kan. Stat. Ann. §§ 65-4a08(b), 65-4a09(d), Kan. Admin. Regs. § 28-34-132(b)). ↩︎
  22. Hodes v. Moser, MDs, P.A. v. Stanek, 551 P.3d 62 (Kan. 2024) (declaring unconstitutional Kan. Stat. Ann. § 65-445). ↩︎
  23. Kan. Stat. Ann. §§ 40-2,190 (restrictions on insurance coverage for abortion), 65-4a01 (defining abortion), 65-6701 (defining abortion to include exceptions), 65-6708 (state-mandated disclosures on abortion), 65-6723 (defining “[a]bortion of pain-capable unborn child”), 65-6742 (defining “dismemberment abortion”). ↩︎
  24. Hodes & Nauser, MDs, P.A. v. Kobach, No. 23-cv-03140, slip op. (Kan. Dist. Ct. Aug. 4, 2026) (enjoins Kan. Stat. Ann. §§ 65-6709 (24 hour waiting period), 65-6710(a)(3), (4) (printed biased counseling materials requirements), 65-6712 (failure to provide state mandated disclosures is unprofessional conduct), 65-6716 (requiring disclosure of abortion reversal methods), 65-445 (abortion reporting requirements). ↩︎

Kansas: A Win 3 Years in the Making

A Kansas court just struck down dangerous abortion restrictions. Donors like you made this win possible. Keep the momentum going!

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