Kansas will become the first state on Tuesday to allow voters to have a say in abortion since the Supreme Court overturned Roe vs. Wade at the end of June.
The vote offers the first point of view to the sentiment of the voters as a result of the elimination of the federal right to abortion and left the decision to the discretion of the states. It is expected to weigh voter enthusiasm on the issue, which has become a major focus in the midterms, especially among Democrats.
All voters will be asked if they should amend the state constitution to remove the protected right to abortion. In Kansas, the procedure is currently legal until 22 weeks, which has caused people from Texas, Oklahoma and Missouri to travel to practice the abortion.
The text of this Tuesday’s question states: “Because Kansans value both women and children, the Kansas state constitution does not require the government to fund abortion and does not create or guarantee abortion rights. To the extent permitted by the US Constitution, the people, through their elected state representatives and state senators, may pass abortion laws, including, but not limited to, laws that take into account the circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother”.
The majority vote in favor of the option “yes” would mean the modification of the state constitution to say that “it does not require financing for abortion and does not create or guarantee the right to abortion.”
Although such a vote would not ban abortion, it would be up to the state legislature, which is controlled by the Republican Party, to pass abortion laws. procedure, which includes the prohibition of abortion at all stages of pregnancy without exceptions for incest or rape. It also includes removing state constitutional protections, which would significantly reduce a person’s ability to challenge a restrictive abortion measure.
“The amendment on the ballot will require government control over our medical decisions and will ultimately pave the way for an outright abortion ban,” said Ashley All, who is part of the Kansas of Constitutional Freedom coalition, which opposes the amendment.
Meanwhile, if the winning vote is “no”, it would leave the state constitution unchanged and abortions until 22 weeks would still be legal. Legislators could still pass restrictive abortion laws, but the state would have to meet a higher threshold to show that it has a reason to enact the law in court.
So far the courts have recognized the right to abortion under the state constitution. Legislators passed a restrictive abortion law in 2015 that would have banned the D&E procedure, but the courts blocked it.
With information from CNN