2022 Kansas abortion referendum
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Should there be no Kansas constitutional right to abortion or to require the government funding of abortion, and reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion, including, but not limited to, in circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother? | ||||||||||||||||
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| Source: Secretary of State of Kansas | ||||||||||||||||
| Elections in Kansas |
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The 2022 Kansas abortion referendum was a rejected
On June 24, 2022, six weeks before the referendum, the
Background
Kansas is one of six states (including Alaska, Florida, Massachusetts, Minnesota and Montana) whose Supreme Court has recognized the right to abortion under its state Constitution.[5] Iowa formerly recognized such a right, but its Supreme Court overruled this precedent in 2022.[6]
In 2015, the state legislature passed the Kansas Unborn Child Protection from Dismemberment Abortion Act which would prohibit dilation and evacuation abortions, which accounted for 9% of abortions in Kansas, with few exceptions, such as to preserve the life of the mother. In response, two abortion providers in Overland Park and others sued the state in the Shawnee County District Court, arguing that sections 1 and 2 of the constitution's Bill of Rights recognized a "fundamental right to abortion". The court agreed, blocking the law from taking into effect. As such, the state attorney general appealed the case, titled Hodes & Nauser v. Derek Schmidt, to the Kansas Court of Appeals. It issued a 7–7 decision in January 2016, effectively upholding the district court's decision. The state then appealed again to the state supreme court, with oral arguments heard in March 2017. It argued that the state constitution couldn't protect abortion rights since abortion was mostly illegal when it was drafted in 1859 and that physicians had other ways to perform second-trimester abortions. The court published its 6–1 ruling to affirm the lower courts' judgment on April 26, 2019, which stated that the first section of the state bill of rights in which "all men are possessed of equal and inalienable natural rights" include "a woman's right to make decisions about her body". The decision also stated that the right to abortion may only be infringed if "the State has a compelling interest and has narrowly tailored its actions to that interest".[7][8][9]
The proposed amendment was first introduced in the Legislature as House Concurrent Resolution 5019[10] and Senate Concurrent Resolution 1613[11] in mid-January 2020, nearly nine months after the ruling, which would be overruled by the amendment. Its title of "Value Them Both" refers to the amendment's opening line which laid out the supposed rationale behind it, i.e. to "value both women and children". It was modeled after a similar amendment to the Constitution of Tennessee which was also a reaction to a similar ruling by their Supreme Court.[12] After vigorous protests from groups supporting and opposing the proposal, it failed in a vote in the Kansas House of Representatives due to four Republicans voting against it. State representative Don Hineman who voted against said that the statewide vote should be held in November and that his vote was not in contradiction to his "staunch pro-life record".[13]
Almost exactly a year after its first introduction, the proposal was reintroduced as House Concurrent Resolution 5003. Several amendments were introduced to change the dates of which the referendum would be held. One of them was put forward by Representative
The language of the bill — in which a "yes" vote would remove constitutional protections for abortion in all instances — was described as being intentionally misleading, due to the unpopularity of blanket restrictions on abortion.
Supporters called their proposal the Value Them Both Amendment,
Content
The proposal would add a section to the Kansas Bill of Rights as follows:
§ 22. Regulation of abortion.
Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother.
In addition to the proposed amendment, the house resolution also added an explanatory statement to the ballot paper as follows:[22][29]
The Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion, including, but not limited to, in circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother.
A vote for the Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion.
A vote against the Value Them Both Amendment would make no changes to the constitution of the state of Kansas, and could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion.
If enacted, the amendment stated that the Kansas Constitution does not guarantee a
Arguments
In an effort to appeal to the broader electorate, both sides of the debate have tried to paint their preferred choice as more moderate than the opposite side.
Supporters of the "yes" vote have said that the amendment would give voters the ability "to weigh in directly on the ballot so that we can pass [abortion] laws".
Meanwhile, supporters of the "no" vote", i.e. opponents of the amendment, and legal experts have said that, while the language of the amendment did not specifically reference an abortion ban, state legislators would be empowered to pass such legislation and would likely do so.
Many commentators, on both sides of the issue, brought up the history of Kansas as a free state with respect to the issue of slavery in the United States.[35][36][37]
Campaign spending
Opponents and proponents of the measure collectively spent $22 million on the referendum campaign. Abortion rights groups spent $11.3 million, while abortion opponents spent almost $11.1 million.[38][39] Of the funding in support of the proposed amendment, more than $4.3 million were contributed by Roman Catholic dioceses and the Kansas Catholic Conference.[38][39] Kansans for Life reported spending $2.7 million (split between its own efforts and its contribution to the main "vote yes" organization); and Susan B. Anthony Pro-Life America reported spending $1.4 million.[39] Of the funding opposing the proposed amendment, Planned Parenthood affiliates and other abortion-rights organizations contributed nearly $2.3 million;[39] approximately $1.5 million was contributed by Sixteen Thirty Fund, and $1.25 million was contributed by Michael Bloomberg.[38]
Polling
| Poll source | Date(s) administered |
Sample size[a] |
Margin of error |
For Amendment 2 |
Against Amendment 2 |
Undecided |
|---|---|---|---|---|---|---|
| co/efficient (R) | July 17–18, 2022 | 1,557 (LV) | ± 2.8% | 47% | 43% | 10% |
Results
| Choice | Votes | % |
|---|---|---|
 No
|
557,837 | 59.16 |
| Yes | 385,014 | 40.84 |
| Total votes | 942,851 | 100.00 |
| Registered voters/turnout | 1,929,972 | 48.85 |
| Source: Secretary of State of Kansas | ||
By congressional district
No won all 4 congressional districts, including three that are represented by Republicans.[40]
| District | No | Yes | Representative |
|---|---|---|---|
| 1st | 52% | 48% | Tracey Mann |
| 2nd | 58.7% | 41.3% | Jake LaTurner |
| 3rd | 67.3% | 32.7% | Sharice Davids |
| 4th | 54.6% | 45.4% | Ron Estes |
Aftermath
Reactions
While I don't have an answer, I do know that God works all things for good for those who trust him. I want to thank everybody in the pro-life community who worked so hard to get this amendment passed. Tonight, we must still go to bed with faith and hope, for tomorrow we must be as dedicated to the sanctity of life, and to the fight to protect the lives of moms and unborn babies. Each of us will have to pray and look in our hearts to see what's next.
Meanwhile, on the same day as the referendum, President Joe Biden released a statement praising the measure's defeat while criticizing the US Supreme Court for overturning Roe v. Wade, saying:[42]
The Supreme Court's extreme decision to overturn Roe v. Wade put women's health and lives at risk. Tonight, the American people had something to say about it. Voters in Kansas turned out in record numbers to reject extreme efforts to amend the state constitution to take away a woman's right to choose and open the door for a state-wide ban. This vote makes clear what we know: the majority of Americans agree that women should have access to abortion and should have the right to make their own health care decisions.
In response to the referendum results, several national Democratic Party leaders including Senators Elizabeth Warren and Brian Schatz argued that the party's candidates should emphasize reproductive rights in the 2022 midterm elections.[43]
Analysis
Analysts noted that the "No" option outperformed Biden's vote share in the 2020 presidential election in every county, and won in several suburban counties where Trump had won a majority in 2020.[43][44]
There had been initial fears that holding a referendum alongside statewide primaries (rather than the general election) would suppress turnout, but this ultimately did not happen.
Sarah Smarsh, writing in The New York Times after the referendum was defeated, argued that "Kansas remains a beacon of liberty within the region," consistent with its history of being a "Free state" and extending women's suffrage before the Nineteenth Amendment to the United States Constitution required that.[50] The term "Free-stater" has particular resonance in Kansas due to the history of conflict over slavery there.
See also
- Abortion in Kansas
- 2022 California Proposition 1
- 2022 Michigan Proposal 3
- 2022 Kentucky Amendment 2
- 2022 Montana elections § Referendum 131
- November 2023 Ohio Issue 1
Notes
- ^ Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
References
- ^ a b c d e Thomson-DeVeaux, Amelia; Rakich, Nathaniel (July 20, 2022). "The Abortion Vote In Kansas Looks Like It's Going To Be Close". FiveThirtyEight. Archived from the original on July 21, 2022. Retrieved July 24, 2022.
- ^ a b c d Ricono, Angie; Fahrl, Cyndi. "Abortion amendment in Kansas grabbing national attention, record spending. Here's why". KCTV5. Retrieved July 28, 2022.
There are no exceptions for rape, incest, or health conditions. It outlines criminal penalties for some pregnant women and doctors...
- ^ a b c d Cohen, Rachel M. (July 27, 2022). "The big upcoming vote on abortion rights in Kansas, explained". Vox. Retrieved July 28, 2022.
- ISSN 0190-8286. Retrieved August 22, 2023.
- ^ "Tracking Abortion Laws by State". The New York Times. May 24, 2022. Retrieved May 25, 2022.
- ^ "Iowa Supreme Court Overturns 2018 Ruling, Says Abortion Isn't Protected By the State's Constitution". Iowa Public Radio. June 16, 2022. Retrieved November 12, 2022.
- ^ Margolies, Dan; Llopis-Jepsen, Celia (April 26, 2019). "Kansas Supreme Court Rules State Constitution Protects Right To Abortion". KCUR-FM. Archived from the original on July 20, 2022. Retrieved July 24, 2022.
- ^ "Supreme Court announces decision in Hodes & Nauser v. Derek Schmidt". Kansas Judicial Branch. Archived from the original on July 16, 2022. Retrieved July 24, 2022.
- ^ "Hodes & Nauser, MDs v. Schmidt (Supreme Court)". Kansas Judicial Branch. Archived from the original on March 19, 2022. Retrieved July 24, 2022.
- ^ "HCR 5019". Kansas Legislature. Archived from the original on July 28, 2022. Retrieved September 4, 2022.
- ^ "SCR 1613". Kansas Legislature. Archived from the original on August 3, 2022. Retrieved September 4, 2022.
- ^ Shorman, Jonathan (January 16, 2020). "Kansas abortion foes press for state constitutional amendment ending right to procedure". The Wichita Eagle. Archived from the original on May 31, 2020. Retrieved July 24, 2022.
- ^ Koranda, Stephen (February 7, 2020). "Four Kansas Republicans Stopped Their Party's Anti-Abortion Bill, But GOP Says It's Not Over". KCUR-FM. Archived from the original on July 1, 2022. Retrieved July 24, 2022.
- ^ a b Ewall-Wice, Sarah (July 19, 2022). "Kansas voters will weigh in directly on abortion rights next month". CBS News. Archived from the original on July 21, 2022. Retrieved July 26, 2022.
- Kansas Reflector. Archivedfrom the original on April 26, 2022. Retrieved July 24, 2022.
- ^ "HCR 5003". Kansas Legislature. Archived from the original on July 14, 2022. Retrieved July 24, 2022.
- ^ Quarshie, Mabinty (July 20, 2022). "The fight over abortion will be on the ballot this November in at least 5 states". USA Today. Archived from the original on July 24, 2022. Retrieved July 25, 2022.
- ISSN 0362-4331. Retrieved October 4, 2022.
- ^
- Macmillan, Jade; Robin, Joanna (August 3, 2022). "Kansas put abortion rights on the ballot. The surprising outcome is reverberating across America". ABC News (Australia). Retrieved October 4, 2022.
- Levinson-King, Robin (August 3, 2022). "After Kansas defeat, what's next for abortion bans?". BBC News. Retrieved October 4, 2022.
- Stastna, Kazi (August 23, 2022). "Kansas vote on abortion broke the mould. Party strategists now have to figure out what it means". CBC News. Archived from the original on October 1, 2022. Retrieved October 4, 2022.
- Glenza, Jessica (July 31, 2022). "Kansas referendum will test change in abortion landscape since Roe fell". The Guardian. Archived from the original on July 31, 2022. Retrieved July 31, 2022.
- ^ John Hanna, Kansas to recount abortion vote by hand, despite big margin, Associated Press (August 12, 2022): "Supporters call the measure "Value Them Both," arguing that it protects both unborn children and the women carrying them."
- ^ Jason Tidd, What do 'yes' and 'no' votes mean for Kansas' Value Them Both anti-abortion amendment?, Topeka Capital-Journal (July 24, 2022).
- ^ a b "State of Kansas Official Primary Election Ballot - Constitutional Amendment - County of ____________ - August 2, 2022" (PDF). Archived (PDF) from the original on July 9, 2022. Retrieved July 24, 2022.
- ^ Kim, JuYeon (July 30, 2022). "Volunteers on both sides of Amendment 2 canvas in Kansas ahead of Election Day". KSHB-TV. Archived from the original on July 30, 2022. Retrieved July 30, 2022.
- ^ Jack Anstine & Tod Palmer, Voter turnout spikes in Tuesday's primary as Kansans decide future of abortion, KSHB (August 3, 2022): "Voters ultimately voted to reject Amendment 2"
- ^ Alice Miranda Ollstein, Kansas voters block effort to strip abortion protections from state constitution: Politico (August 2, 2022): "Value Them Both, the umbrella group of anti-abortion advocates who pushed for the amendment.
- ^ "'Value Them Both' amendment has both campaigns spending millions". WIBW-TV. July 20, 2022. Archived from the original on July 20, 2022. Retrieved July 25, 2022.
- ^ "Kansas will be the first state to vote on abortion rights after Roe ruling. Here's what that means". PBS NewsHour. July 1, 2022. Archived from the original on July 21, 2022. Retrieved July 25, 2022.
- ^ Bernard, Katie (July 20, 2022). "Without competitive primaries, Kelly and Schmidt sidestep impact of abortion amendment". The Kansas City Star. Archived from the original on June 28, 2022. Retrieved July 26, 2022.
- ^ "HOUSE CONCURRENT RESOLUTION No. 5003" (PDF). Kansas Legislature. Archived (PDF) from the original on July 6, 2022. Retrieved July 24, 2022.
- ^ Atkins, Chloe (March 26, 2021). "Report details wave of state legislative attempts to restrict abortion in 2021". NBC News. Archived from the original on May 22, 2022. Retrieved July 26, 2022.
- ^ Kansas Reflector. Archivedfrom the original on July 20, 2022. Retrieved July 26, 2022.
- ^ a b Koranda, Stephen (January 28, 2021). "Kansas Constitutional Amendment Saying There's No Right To Abortion Is Headed To Voters". KCUR-FM. Archived from the original on July 14, 2022. Retrieved July 26, 2022.
- ^ Bernard, Katie; Shorman, Jonathan (May 3, 2022). "Kansas lawmaker proposes abortion ban as statewide vote over right to procedure looms". The Kansas City Star. Archived from the original on July 29, 2022. Retrieved August 2, 2022.
- ^ "HB 2746". Kansas Legislature. Archived from the original on August 1, 2022. Retrieved August 2, 2022.
- ^ Kirk, Elizabeth (August 11, 2022). "The Meaning of Kansas: Lessons from a Pro-Life Defeat". Public Discourse. Retrieved October 3, 2022.
- ^ "Kansas votes to protect abortion rights in state constitution". the Guardian. August 3, 2022. Retrieved October 3, 2022.
- ^ Kendall, Dave (July 31, 2022). "As a 'Free State,' Kansas has a long history of deciding who should wield political power". Kansas Reflector. Retrieved October 3, 2022.
- ^ a b c Sareen Habeshian, Opponents, advocates spent $22 million on Kansas abortion vote, Axios (August 19, 2022).
- ^ a b c d John Hanna & Heather Hollingsworth, Spielberg among donors in $22M Kansas campaign on abortion, Associated Press (August 19, 2022).
- ^ Twiz 🌻 [@twizzyu] (August 3, 2022). "Astonishing - thanks in part to gerrymandering, the NO vote won every one of Kansas' 4 congressional districts yesterday! In "the big 1st", the NO vote squeaked ahead thanks to college towns Lawrence and Manhattan. https://t.co/zzo5WWYFY4" (Tweet). Archived from the original on August 3, 2022. Retrieved March 25, 2023 – via Twitter.
- ^ Carter, Alex (August 3, 2022). "Lawmakers, groups react to Value Them Both Amendment result". WIBW-TV. Retrieved August 4, 2022.
- ^ "Statement by President Joe Biden on Defeat of Kansas Ballot Measure Threatening Women's Right to Abortion" (Press release). White House. August 2, 2022. Archived from the original on August 3, 2022. Retrieved August 4, 2022.
- ^ from the original on August 4, 2022. Retrieved August 4, 2022.
- ISSN 0190-8286. Retrieved August 4, 2022.
- ^ Tidd, Jason (August 3, 2022). "Driven by abortion politics, Kansas primary election voters turned out in high numbers". The Topeka Capital-Journal. Archived from the original on August 3, 2022. Retrieved August 4, 2022.
- ^ "SECRETARY OF STATE SCOTT SCHWAB ANNOUNCES PRIMARY ELECTION VOTER TURNOUT PREDICTION" (Press release). Topeka: Secretary of State of Kansas. July 29, 2022. Archived from the original on August 4, 2022. Retrieved August 4, 2022.
- ISSN 0190-8286. Retrieved August 4, 2022.
- ^ Ewall-Wice, Sarah (August 3, 2022). "How the anti-abortion amendment was defeated in Kansas". CBS News. Archived from the original on August 3, 2022. Retrieved August 4, 2022.
- ^ Alvin Chang, Kansas abortion referendum drives record number of voters to polls, The Guardian (August 3, 2022).
- ISSN 0362-4331. Retrieved October 3, 2022.