The Short Version (TL;DR)
Our next election in Kansas (Aug 2) will be a special election where anyone who is registered can vote, regardless of political affiliation.
We will be voting on an amendment to the Kansas State Constitution called "Value Them Both". This amendment will remove the constitutional right of bodily autonomy for pregnant populations as found in Hodes & Nauser, MDs, P.A. v Schmidt.
There has been a LOT of misinformation floating around regarding this amendment and the ramifications of a vote FOR (YES) or AGAINST (NO) modifying our state constitution.
My frustration with the conflicting talking points and spin that were placed by each side led me to try and provide clarity and origins for each of the talking points.
| The Facts | The Claims |
Kansas currently has laws that regulate termination of pregnancy that WILL STAY IN EFFECT WITH A NO VOTE. Those laws include, but aren't limited to:
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In the past, Kansans came together and reached consensus on common-sense limits on abortion to protect both women and babies. |
| The 2019 State Court Ruling
The 2019 Supreme Court Ruling said that our state constitution protected a woman's bodily autonomy. They decided that the law which banned the medical procedure D&E put women's health at risk and placed an undue burden on their access to healthcare.
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This ended with an extreme 2019 Kansas court ruling that made it impossible to limit abortion in our state. |
| The Media Quotes
The news quotes listed are technically accurate, but lack context.
Value them Both REMOVES the State Constitutional right to bodily autonomy when pregnant no matter the circumstance of pregnancy or health. The wording of the amendment will allow full legislative control over the body of a pregnant person.
What the VALUE THEM BOTH Amendment WILL do: This amendment allows bills such as HB 2746 would be constitutional. HB 2746 is the actual KS bill that shows the intent of future law if this constitutional amendment passes. (see overview of HB2746 below) |
What the VALUE THEM BOTH Amendment will NOT do: “The Value Them Both Amendment does not ban abortions.” — KMBC 9 News, 6/24/22 “This amendment would not result in any immediate change” in Kansas’ abortion laws. — KSNT 27 News, 5/9/22 The amendment will “explicitly state that the government would not be required to provide funding for abortions.” — KWCH 12 News, 6/24/22 "...saying the amendment bans abortion is false." Topeka Capital Journal, July 11, 2022 |
| Out of State The overwhelming majority of out of state abortions are from Missouri. KS is a state that has a total of 4 clinics statewide, Missouri has 1 clinic. The overwhelming majority of out of state residents were from Missouri. |
Is Kansas a destination state for abortion? YES. In 2020, Kansas had the largest increase in abortions in 25 years, and the majority of them came from out of state. |
| Need for the Amendment "Value Them Both" is needed in order to ban abortion in Kansas. The Federal court ruling returned the question to the states. Our state Supreme Court found that: (1) section 1 of the Kansas Constitution Bill of Rights protects a woman's right to determine whether to continue a pregnancy, and therefore, the State is prohibited from restricting that right unless it can show that it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest; and (2) Plaintiffs established that they were substantially likely to show that S.B. 95 impairs natural rights. | Is Value Them Both still necessary after the recent U.S. Supreme Court ruling? YES. Kansas law was not changed by the recent U.S. Supreme Court ruling. With Value Them Both, we have an opportunity to come to consensus on abortion limits. |
| Future Abortion Statistics This speculative number is a result of estimating the locations people will travel to if the 26 states expected to implement a total ban actually ban all abortion. In that case, the remaining 24 states will see an increase as those who have the means travel to receive their needed medical care. This is the reason there is a predicted increase in Kansas as long as abortion remains legal here. |
Will abortions increase by 1,000% in Kansas If Value Them Both doesn't pass? Yes. The Kansas City Star and the Guttmacher Institute (a pro-abortion research group) have both indicated that Kansas will see an increase of more than 1,000% in the number of abortions in Kansas if Value Them Both doesn't pass. This radical increase will pose greater risk to women given it will happen in an unlimited and unregulated environment. |
| Health and Safety Regulation
This statement has no basis in fact. Passing "Value Them Both" does not result in any change in current law. Current law places many restrictions on abortion providers and abortion circumstances.
No one has any bills authored or planned to allow unregulated medical care.
Note: As with the public at large, the small coalition of medical professionals do not speak for all medical professionals. Numbers. for Kansas Medical Professionals listed in the Coalition: |
Will abortion facilities be unregulated if Value Them Both doesn't pass? If Value Them Both is not passed, veterinarians will have more safety regulations to comply with than abortion providers. That’s why medical professionals are voting YES. The amendment protects common sense limits on abortion clinics, like making sure they are hospital-grade facilities in case of emergencies or complications. Value Them Both ensures that Kansans are kept safe from a predatory abortion industry who would put profits over women’s health and safety. We need to ensure women’s safety can be protected under the law. Note: A small coalition (about 200) physicians, nurses, pharmacists and surgeons have made a public statement endorsing the amendment. |
Summary of referenced statistics
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| Abortion Narrative The general narrative surrounding abortion in the United States is that it is a result of careless indifference by women who should better regulate what men do with their gametes. However, when you look deeper into the facts, you find a much different picture. The most common reasons for seeking an abortion are not being able to afford to have a child, the pregnancy coming at the wrong time in life and the man involved not being a suitable partner/parent. | |
| The information in the first column and the information included in the details below were all researched by me. You will find all relevant sources linked in the detailed analysis so you may review for yourself. | Disinformation Sites with the above include (but are not limited to): www.kansasamendmentfacts.com valuethemboth.com |
Details
Abortion Law and Consensus
In 2022 Kansas currently has common-sense limits on abortion and those limits WILL NOT change if you vote No on the amendment. It is unknown how the Supreme Court would vote on the laws below and whether they believe they are an undue burden on women seeking abortions.
The following limits are in effect and WILL REMAIN IN EFFECT WITH a NO vote which is AGAINST the amendment:
In Kansas, the following restrictions on abortion were in effect as of June 28, 2022:
- A patient must receive state-directed counseling that includes information designed to discourage her from having an abortion, and then wait 24 hours before the procedure is provided.
- Private insurance policies cover abortion only in cases of life endangerment, unless individuals purchase an optional rider at an additional cost.
- Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment.
- Abortion is covered in insurance policies for public employees only in cases of life endangerment.
- The use of telemedicine to administer medication abortion is prohibited.
- The parents of a minor must consent before an abortion is provided
- Public funding is available for abortion only in cases of life endangerment, rape or incest.
- A patient must undergo an ultrasound before obtaining an abortion; the provider must offer the patient the option to view the image.
- An abortion may be performed at 20 or more weeks post-fertilization (22 weeks after the last menstrual period) only in cases of life or severely compromised physical health. This law is based on the assertion, which is inconsistent with scientific evidence and has been rejected by the medical community, that a fetus can feel pain at that point in pregnancy.
- The state prohibits abortions performed for the purpose of sex selection.
This list was found in the Kansas Fact Sheet on Guttmacher.org
The 2019 State Court Ruling
2019 The Supreme Court ruled that dilation and evacuation (D&E) abortions could not be banned in Kansas because that would create undue hardship and barriers to women seeking healthcare. This decision DID NOT affect any of the aforementioned limits which are in effect now and would remain in effect.
The court found D&E was the most commonly-used procedure for second trimester abortions and the medical alternatives the Attorney General proposed were more dangerous. Making Dilation and Evacuation illegal placed an undue burden on the woman seeking an abortion.
The finding further concluded the drafters and ratifiers meant for Section 1 to protect every person's right to personal autonomy—and this right enables a woman to make decisions regarding her body, health, family formation, and family life, including the decision whether to continue a pregnancy.
The decision Press Release can be read here.
The Media Quotes
The news quotes listed are technically accurate, but do not contain full context. The source links don't tell you whether this is from an opinion piece, editorial or news report. The author is not credited and there is no way to determine the provenance.
If anyone has access to the Topeka Capital Journal, I suspect this is where you would find the last snippet of a quote.
For more information on when and how quotes should be used when trying to report facts, see the News Manual chapter on quotes
What the Amendment Does
The Value Them Both amendment will strip pregnant people of the right to bodily autonomy as found in section 1 of the state constitution and replace the pregnant person's judgment as well as judgement of their medical team, with that of the elected state representatives and state senators. The amendment specifically states that the state legislative body will "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.”
This amendment itself simply ensures women have no rights when they are pregnant other than those granted through the legislature. What rights will be granted would be determined by bills introduced once the barrier of constitutional protection is removed from pregnant women.
Out of State
Need for the Amendment
Without this amendment, legislators will not have unlimited control over the bodies of all pregnant people and all related conceptions from the point of fertilization through birth.
There is already a bill authored and ready to submit as reported in the Kansas Reflector.
“We do have one ready — HB2746 — so we’ll move that up,” Chrisman said.-- Lori Chrisman, 18-county regional director for the Value Them Both Coalition“We’ll be able to make further laws, further refinement, with my goal of life starting at conception,”
-- Senator Mark Steffen, a Hutchinson Republican
HB 2746
Here are the details of HB 2746, which was submitted and allowed to die in committee last session in order to prepare for the passing of this amendment. The full bill can be found here.
While reading the bill, I found it does the following following:
- Makes all abortion from fertilization on illegal. All Embryo Destruction would be considered an abortion, including artificial insemination (IVF) which will be a Level 1 Felony
- Allows abortion in only 3 circumstances:
- To save the life or health of AN UNBORN CHILD.
- Remove a dead, unborn child whose death was caused by spontaneous miscarriage or stillbirth.
- Ectopic Pregnancy once it seriously threatens the life of the mother only if there is no way to save both mother and child.
- Establishes broad legal definitions for Abortion, fertilization, and unborn child
- Modifies Kansas Law to use the new definitions for Abortion
- Modifies the criminal code
- Removes clause stating that a person can't be charged in the case stillbirth or miscarriage they experience. Any act that a mother undertakes that theoretically results in the death of an unborn child can be criminally prosecuted.
- Removes a clause saying that any lawful medical procedure performed by licensed medical professionals at request of pregnant woman or legal guardian cannot be prosecuted.
- Modifies the Civil Code
- You cannot sue someone for wrongful life or wrongful birth for not providing an abortion that results in a negative outcome for the child.
- You cannot sue someone for injury, handicap, disease, or disability of the mother caused by not ending the pregnancy.
- Modifies Reporting Requirements for KDCF
- The Kansas Department for Children and Families will no longer publish a report on the number of child sexual abuse reports received.
- Modifies definition of fetal tissue and changes laws regarding use thereof
- Changes KS Law to state that you cannot use fetal tissue from a stillbirth for science or to transplant into another person (my note: I believe this means that organ/tissue donation to save life, or health of another is not legal if death occurs before birth.)
- Amends Kansas law to narrowly define medical necessity to if a pregnant woman will die or have irreversible substantial physical impairment of a major bodily function.
Note that HB 2746 states specifically that ectopic pregnancy must seriously threaten the life of the mother before a doctor can help her. Additionally none of the other conditions that can result in the death of the mother are cause for abortion. This means that serious medical conditions such as pre-eclampsia will have to be allowed to continue until the death of mother and baby. The American College of Obstetricians and Gynecologists affirms that Abortion can be medically necessary to preserve a patient's health or save their life.
Future Abortion Statistics
The Guttmacher institute offers an interactive map showing how state laws affect access to abortion for all citizens of the US. This page was used in order to determine where people would go for abortions assuming they had the resources to travel. Searching for "Guttmacher Institute 1000% abortion" finds a number of states reporting a potential increase of 1000%, which is interesting. The source of that data has been updated since those reports were issued. Current data can be reviewed at the Guttmacher Institute Interactive Map
Health and Safety Regulation
As reported in the Kansas City Star Abortion clinics in Kansas face regulation from the Kansas Department of Health and Environment and the Kansas State Board of Healing Arts. Practicing clinicians must abide by license requirements and investigations by the Board of Healing Arts, just like all other medical professionals in the state.
Under Kansas statute, clinicians regulated by the board must meet safety, sanitation and cleanliness guidelines and adhere to strict guidelines regarding the handling and disposal of medical and hazardous materials. Furthermore, the Board of Healing Arts, requires clinicians to adhere to best practices in surgery and recovery.
Negative outcomes, including hospitalization as a result of the surgery, must be reported to the board of healing arts. KDHE licenses, regulates, and inspects hospitals and ambulatory surgical centers.
Kansas Abortion Statistics
KDHE provides a yearly report on abortions here are the last 2 years:
Abortions in Kansas, 2020 - In-state collection of 2020 abortion reports is complete.
- The total of 7,542 reports is 9.1 percent higher than reported in 2019, which was 6,916 reports.
- Out-of-state residents outnumbered in-state residents, 3,901 reports to 3,641 reports.
- No Kansas residents obtained abortions at 22 weeks or greater gestation in or outside the state.
Abortions in Kansas, 2021 - In-state collection of 2021 abortion reports is complete.
- The total of 7,849 reported occurrences is 4.1% higher than reported in 2020, which was 7,542 reported occurrences.
- Reported occurrences for in-state residents were nearly equivalent to reported occurrences for out-of-state residents, 3,933 reported to 3,912 reported, respectively.
- No Kansas residents obtained abortions at 22 weeks or greater gestation in or outside the state.
Abortion Narrative
The predominant caricature of a woman in the United States seeking an abortion is an indifferent woman who cannot be bothered to carry a child despite a multitude of available adopters seeking children. However, this perception is readily challenged by seeking out those who receive abortion and looking deeper into their socioeconomic and social situations.
It is important to remember that abortion is not the opposite of pregnancy, it is the opposite of parenting. Humans innate connection to their offspring leads to adoption as a final act of desperation in most cases. This act of desperation traumatizes both the parents and children even when the adoption occurs immediately at birth.
Adoption is a multi-billion dollar industry that America needs to grapple with. Current policy creates desperate people who lose access to their children while those who place them rake in profits. We have stripped identities and history from thousands of children to benefit facilitators who prey equally on 2 desperate groups of people. Our culture commoditizes babies to the long term detriment of them, the people who parent them, and the people who lost them.
Further reading:
- The Turnaway Study - Long term affects of abortion or denial thereof
- Newborn Adoption Trauma - "Every adopted child will experience early trauma in at least one form. Everything the child had been used to, even in utero, the sights, sounds, and smells are gone."
- International Research on Abortion - "In most countries, the most frequently cited reasons for having an abortion were socioeconomic concerns or limiting childbearing."
- Economic Impact of Abortion Access - "Restricting, or outright eliminating, abortion access by overturning Roe v. Wade would diminish women’s personal and economic lives, as well as the lives of their families."
- The Adoption Industry and the Adoptee Rights Movement
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