For the first time since the Supreme Court overturned Roe v. Wade, leaving it up to states to determine access to abortion, the issue came up on a statewide ballot. In Kansas, CBS News projects that a proposed amendment to the state constitution that would eliminate the constitutional right to abortion has been defeated.
The Kansas ballot initiative is seen as an indicator of the impact of abortion in November’s midterm elections.
Since the high court’s ruling ending the federal right to abortion, at least 12 states have banned abortion outright or after six weeks of pregnancy. Other states are also expected to move forward with more restrictions.
In Kansas, voters reaffirmed that abortion is constitutionally protected, upholding a 2019 state Supreme Court decision. This ruling affirmed that a person has a right to personal autonomy and applied strict scrutiny to regulate abortion. The Kansas legislature could not ban or enact further restrictions on abortion without a constitutional amendment.
In this Thursday, July 14, 2022 photo, a sign in a yard in Merriam, Kansas, urges voters to oppose a proposed amendment to the Kansas Constitution to allow lawmakers to further restrict or ban the abortion Opponents of the measure believe it will lead to a ban on abortion in Kansas. John Hanna / AP
“Kansans stood up for fundamental rights today. We rejected divisive legislation that jeopardized our economic future and put women’s access to health care at risk,” Kansas Democratic Gov. Laura Kelly tweeted . “Together, we will continue to make incredible strides to make KS the best state in the nation to live freely and do business.”
President Biden issued a statement saying in part that: “This vote makes clear what we know: A majority of Americans agree that women should have access to abortion and should have the right to their own decisions about health care. Congress should listen to the will. of the American people and restore Roe’s protections as federal law.”
The “Value Both” amendment made it to the Aug. 2 primary ballot after passing the Republican-controlled state Legislature with two-thirds votes in both chambers in 2021.
“While the outcome is not what we hoped for, our movement and campaign have shown our resolve and commitment. We will not abandon women and babies,” said the Value Them Both Coalition, which supported the amendment , in a statement. The group said the result was a “temporary setback”.
While passage of the amendment would not have outright banned abortion in the state, legal experts said it would have cleared the way for the state legislature, where Republicans have a supermajority, to ban abortion.
“Under the amendment’s language, it would be possible to adopt a total ban on abortion from the point of conception to birth, with no exceptions for rape, incest, or the life or health of the mother,” said Richard Levy, teacher. in law from the University of Kansas.
Before the primary, groups for and against the amendment engaged in an aggressive campaign to reach voters, knocking on doors, doing phone banking and holding rallies. Nearly $13 million was spent on ads in the state on the abortion issue before the vote, according to AdImpact.
“This historic victory was the result of a wave of popular support and a broad coalition of reasonable, thoughtful Kansans across the state who put health care above politics,” said Emily Wales, president and CEO of Planned Parenthood Great Plains Votes, of the amendment of the amendment. defeat “We’ve seen the devastation caused by the loss of abortion access in neighboring states and tonight, Kansans have seen through the deception of anti-abortion interests to ensure that people in their state retain their rights “.
Although this was an off-year primary, where turnout is generally very low (in recent elections, less than a third of voters cast ballots), early voting in Kansas increased before the primary on August 2, suggesting that voter turnout was very high. motivated by the issue of abortion.
Unofficial results Tuesday night from the Kansas Secretary of State’s office showed more than 781,500 people voted on the amendment in the state. With 90% of votes counted at 11.45pm on Tuesday, “No” led with 60.4% to “Yes” with 39.6%
In general, party officials and politicians are watching closely as the overturning of Roe v. Wade could galvanize voters before the midterms. According to the CBS News Battleground Tracker, abortion is as important an issue as the economy and inflation to women under 50. More than two-thirds of women under 50 describe the Republican party as “extreme.” But Democrats appear to be disappointed with their party’s handling of the abortion issue. Fifty-nine percent said their party was not doing enough to protect access, while most Republicans believe their party is taking the right approach on abortion.
Kansas is the first of a handful of states where voters will have their say on midterm abortion rights. Measures similar to the Kansas effort are on the ballot in Kentucky and Montana, while initiatives to add abortion protections to state constitutions are on the ballot in California and Vermont. Efforts are also underway to amend the constitution to protect the right to abortion in Michigan.
The battle for abortion
More More Sarah Ewall-Wice
CBS News reporter covering economic policy.