Kansas votes to protect abortion rights in state constitution post Roe v Wade

ITV News Correspondent Ben Chapman reports on the significance of Kansas voting to continue to protect abortion in the state constitution

Kansas has voted to protect abortion rights in its constitution by rejecting an amendment that would have allowed lawmakers to tighten restrictions of ban abortion outright.

It is the first US state to put abortion rights to a vote since the Supreme Court overturned Roe v Wade in June, the 1973 ruling that established the right to safe and legal abortion at any point before a foetus can survive outside the womb, for nearly five decades.

The vote was the first test of popular opinion since the Supreme Court's decision, and was unexpected in a deeply conservative and typically Republican state.

“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,” President Joe Biden said in a statement.

After calling on Congress to “restore the protections of Roe” in federal law, Biden added, "the American people must continue to use their voices to protect the right to women’s health care, including abortion.”

On Wednesday, the president will sign an executive order aimed at making it easier for women to travel between states to access abortions.

He will issue a directive that will allow states that have not outlawed abortion to apply for specific Medicaid waivers that would, in effect, help them treat women who have travelled from another state.

The vote provided a warning to Republicans who had celebrated the Supreme Court ruling and have been enacting abortion bans or near-bans in nearly half the states.

“Kansans bluntly rejected anti-abortion politicians’ attempts at creating a reproductive police state,” said Kimberly Inez McGuire, executive director of Unite for Reproductive & Gender Equity.

”Today’s vote was a powerful rebuke and a promise of the mounting resistance," she added.

A 'yes' vote on the ballot would have removed from the state constitution the right to an abortion and put the issue in the hands of the state lawmakers.

The 'no' vote means no changes will be made, keeping abortion rights enshrined in the state constitution.

Mallory Carroll, spokesperson for the national anti-abortion group Susan B. Anthony Pro-Life America, described the vote as “a huge disappointment” for the movement and called on anti-abortion candidates to “go on the offensive.”

She added that after the Supreme Court ruling, “We must work exponentially harder to achieve and maintain protections for unborn children and their mothers.”

“This outcome is a temporary setback, and our dedicated fight to value women and babies is far from over," said Emily Massey, a spokesperson for the pro-amendment campaign.

Kristy Winter, a teacher, voted against the measure and brought her 16-year-old daughter with her to her polling place.

“I want her to have the same right to do what she feels is necessary, mostly in the case of rape or incest,” she said. “I want her to have the same rights my mother has had most of her life.”

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know

Abortion advocates predicted the anti-abortion groups and lawmakers behind the ballot would push quickly for an abortion ban if voters approved it.

Before the vote, the measure’s supporters refused to say whether they would pursue a ban as they appealed to voters who supported both some restrictions and some access to abortion.

The Kansas vote is the start of what could be a long-running series of legal battles playing out where lawmakers are more conservative on abortion than governors or state courts.

Kentucky will vote in November on whether to add language similar to Kansas’ proposed amendment to its state constitution.

Meanwhile, Vermont will decide in November whether to add an abortion rights provision to its constitution. A similar question is likely headed to the November ballot in Michigan.

Which states have enacted abortion bans since Roe v Wade fell?

After the decision, clinics in some states stopped performing abortions almost immediately. Some states had unenforced laws predating 1973 that were able to come back to life immediately once the ruling was reversed.

Others had so-called trigger bans that were able to be quickly enforced.

States which have tightened restrictions or effectively banned abortion since Roe v Wade was overturned include Arkansas, Georgia, Louisiana and Mississippi.

Some states still offering the procedure, including Minnesota, are seeing a surge of out-of-state patients coming to their abortion clinics.

Some pro-choice states also offered women from states where abortion is now banned support to travel to a state where it is legal.