Three years ago, the Kansas supreme court held that the state’s constitution prohibited a state law generally banning the most common second-trimester abortion procedure (dilation and evacuation) in which a baby’s body is torn apart in the womb. The state supreme court declared in 2019 that the state constitution had created a “fundamental” right to abortion in 1859 with language echoing the Declaration of Independence: “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.”
Today, Kansas voters head to the polls to vote on the “Value Them Both” amendment, which says that the Kansas constitution “does not create or secure a right to abortion.” If the amendment passes, the legislature would be able to enact legislation limiting or generally banning abortion in the state.
Polling has been sparse, but the most recent public survey showed a close race with 47 percent supporting the amendment, 43 percent opposed, and 10 percent undecided. Although Joe Biden lost the state in 2020 by 14 points, a Democrat was elected governor in Kansas in 2018 by five points, and today’s vote could go either way.