Confused about the Kansas abortion amendment? We answer your questions ahead of vote

When Cynthia Wendt was 39 years old, she had a surprise pregnancy. Early screening revealed the possibility of serious fetal abnormalities. She had to wait several weeks for further screening which reassured her that all was fine. While waiting on those results, Wendt said she realized how important it was that she had the right to choose an abortion, if that were in the best interest of her family.

“During the weeks of uncertainty, it made me realize that any decisions should have been between me, my husband and our doctor, and was not the business of any level of government,” she said. Her pregnancy ended up healthy and fine.

Now that abortion rights are on the ballot in Kansas on Aug. 2, readers like Wendt in Leawood have reached out to The Star with questions. Wendt wants to know what options women would have if the abortion amendment is passed.

Readers like Ben, who chose not to disclose his last name, said that he’s not the biggest fan of abortion, but he questions whether it’s his place to make decisions on a matter he might not deal with in his own life.

“As both a man, and someone more naturally attracted to the same gender, I don’t think abortion is something I will ever come face to face with—I think that increases the importance of what I believe, because I know that I personally won’t bear the consequence if I get it wrong, someone else will— that’s scary to me,” Ben said in an email.

Ben said the the phrase “Value Them Both,” the name which supporters gave the amendment, resonates with him. But after looking more into the subject, Ben has questions about what laws already exist regarding abortion and what this amendment will actually block, if passed.

Others have also asked how the amendment would affect current regulations on abortion, and if passing the amendment could result in a total ban on abortions.

These are some of those questions, answered.

What does it mean that Kansans currently have a right to abortion?

In 2019, the Kansas Supreme Court ruled that the state constitution includes a right to bodily autonomy. That includes abortion, the justices said.

As a result, the Kansas Legislature is barred from passing laws that would place an “undue burden” on access to abortion. Any abortion restrictions must clear an extremely high level of court scrutiny to become law, and most restrictions on abortion, including a total ban, would be considered unconstitutional in Kansas.

What is the exact language of the proposed amendment?

The amendment, which supporters have dubbed the “Value Them Both” amendment, would add the following language to the state constitution, if passed.

“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.”

To read the legislature’s summary of the amendment and what it would do, visit here. To see the full resolution that called for the amendment, visit here.

So run that back—what exactly does a yes vote mean?

If a majority of people vote yes on the ballot and the amendment passes, language would be added to the Kansas state constitution that would take away the right to abortion. Since Roe v. Wade was overturned, the state Legislature would be able to impose new restrictions on abortion, which includes the possibility of completely banning the procedure, without any exceptions for rape, incest or medical emergency.

What exactly does a no vote mean?

If a majority of people vote no and the amendment does not pass, the Legislature would continue to be barred from passing most legislation that impedes on a person’s access to abortion.

Kansas would continue to protect the right to abortion, despite the recent U.S. Supreme Court ruling that removed the right at the federal level.

With the constitutional protection, does Kansas regulate abortion at all?

Yes. Even with the right to abortion protected, Kansas heavily regulates the procedure.

Abortions after 22 weeks are strictly limited. Patients must receive mandatory state-written materials before going through with an abortion. An ultrasound is required, and so is parental consent for minors. Abortion clinics in Kansas face regulation from the state health department for safety, sanitation and cleanliness. Practicing clinicians must abide by license requirements and investigations by the state, just like all other medical professionals in Kansas.

Some people in favor of the amendment believe that those regulations could be challenged and struck down in the future under the 2019 state Supreme Court ruling that found the right to an abortion, but that is yet to be seen.

Do state taxes pay for abortions?

Generally, no. Publicly funded health insurance plans like Medicaid will only cover the procedure in Kansas if it is necessary to save the life or a “major bodily function” of the patient.

If passed, will the amendment ban abortion?

The amendment vote will not automatically ban abortion if passed. A total ban would require a few more steps and would not be immediate or guaranteed in Kansas.

This amendment vote will decide whether current abortion protections will remain in place.

If the amendment passes, legislators will be able to pass laws in the future that further restrict abortions, which could include a total ban.

Will legislators ban abortion if the amendment is passed?

We don’t know for sure. Since Roe v. Wade was overturned, it is possible that lawmakers would introduce a bill that could either further restrict or ban abortion.

We can’t tell the future, but we do know that earlier this year, state legislators introduced a bill that would have banned and criminalized nearly all abortions, except in cases of miscarriage, stillbirth or ectopic pregnancies. The bill died once the legislative session closed in May.

State lawmakers could hold a special session to discuss abortion rights, which is when lawmakers convene outside of the regular legislative session.

Are churches and nonprofits legally allowed to post ‘Vote Yes’ or ‘Vote No’ signs on their grounds?

Yes. Although non-profits, including churches, are not supposed to engage in political campaigning, they are allowed to lobby for issues, according to Terry Mosteller, who is the founding attorney at Mission Counsel, a law firm that specializes in helping nonprofits.

It would be a violation of their 501(c)(3) status if a church or nonprofit had a sign that was endorsing a candidate for governor or mayor, but since the upcoming vote doesn’t involve a candidate nonprofits can have yard signs without being in violation of their nonprofit status.

If a nonprofit does contribute a substantial amount of time, money and resources to a certain issue or topic, the IRS can revoke their nonprofit status, but Mosteller said that rarely happens and can be difficult to prove.

The Star recently published a special report on how the Catholic Church in Kansas is pushing for the amendment.

What is the history behind this amendment?

In 2015, Kansas lawmakers attempted to ban dilation and evacuation abortion, which is a common procedure in second-trimester abortions that involves using surgical tools to remove the fetus.

A lawsuit to strike down that law led to the 2019 ruling when the state Supreme Court found that the Kansas constitution protects the right to abortion.

In 2021, state legislators voted to have the upcoming special election so Kansas voters could essentially vote on whether or not to overturn that 2019 ruling, which protects the right to abortion.

If the amendment language is added to the state constitution, lawmakers would have the ability to pass more restrictions on abortion.

Who can vote on the amendment?

All registered voters can participate in the vote, regardless of party affiliation. If you’re a Kansas resident and not already a registered voter or need to re-register, find more information here.

If you have any more questions about the upcoming primary in Kansas or Missouri, check out this election guide and fill out this form with your questions.

If I am not affiliated with a party, can I vote?

Yes, unaffiliated voters can vote on this state constitutional amendment.