To the editor:
A lot has been reported and discussed regarding the Kansas “Value Them Both” constitutional amendment about abortion. A lot of misleading statements and lies are spreading. Voters should have the facts before going to the polls. The fact is Kansas has sensible restrictions on abortion and can pass more regulations if necessary. The 2019 Kansas Supreme Court ruling allows the State to regulate abortions, but it does not allow the State to ban abortion. Any regulations must be tied to a compelling state interest.
Kansas Statutes Annotated Sections 65-6701 through 65-6750 contain the current regulations surrounding abortion in Kansas. This includes the following restrictions:
1. A minor must obtain parental consent (or a court order) before an abortion and the state mandates counseling before and after the abortion. (K.S.A. 65-6704 and 65-6705)
2. A patient must receive counseling, including printed materials outlining the procedure, and then wait 24 hours before the procedure. A patient must have an ultrasound before obtaining an abortion, and the patient must have the option to view the image. (K.S.A. 65-6709 and K.S.A. 6710).
3. Private insurance policies may cover abortion only in cases of life endangerment, unless individuals purchase an optional rider at an additional cost. (K.S.A. 40-2,190)
4. Health plans offered in the state’s health exchange and plans offered to public employees can only cover abortions in cases of life endangerment. (K.S.A. 40-2,190).
5. Public funding (i.e. Medicaid) is available for abortions only as required by federal law. This is due to a federal law known as the Hyde Amendment.
6. An abortion may be performed at 20 or more weeks postfertilization (22 weeks after the last menstrual period) only in cases of life or severely compromised physical health. (K.S.A. 65-6703)
7. The state prohibits abortions performed for the purpose of sex selection. (K.S.A. 65-6726)
The above are just a few of the restrictions that Kansas has on abortions that still allow a patient and doctor to make an informed decision that is very personal. I encourage everyone to go to the Kansas Revisor of Statutes’ website (ksrevisor.org) and read the current restrictions for themselves. Then ask yourself what might the Kansas Legislature want to pass that they would need to amend our state constitution? I will give you a hint: House Bill 2746. The Kansas House is waiting to try to pass this. It bans abortion from the moment of conception with no exception for rape or incest. Under current law, House Bill 2746 is unconstitutional. If the “Value Them Both” Amendment is passed, then the Kansas Legislature would be free to pass any restriction relating to abortion, including House Bill 2746..
A “no vote” on August 2nd will keep the current regulations in place. The Kansas Legislature could only pass additional laws that are tied to a compelling state interest, but they cannot outright ban the procedure. The right to an abortion would be protected in Kansas.
A “yes vote” on August 2nd will allow the Kansas Legislature to impose new restrictions, including total ban of the procedure with no exceptions.
Those are the facts and every voter has the right to know them and vote accordingly on August 2nd.
Linda Pringle
Great Bend