Topline
Kansas voters have decided to preserve abortion access in the state, voting down a ballot measure that would paved the way for new restrictions—the first major test of Americans’ views on abortion rights in the wake of the Supreme Court overturning Roe v. Wade and a sign of how unpopular abortion bans may be, even in predominantly Republican states.
A supporter of the Vote Yes to a Constitutional Amendment on Abortion holds up a sign on August 1 in … [+]
Key Facts
The Associated Press projected the “Value Them Both” ballot measure did not pass at about 10:40 p.m. Eastern, as no votes drastically outpaced yes votes 62.6% to 37.8% with about three-quarters of total ballots counted.
The vote was expected to be close, and comes after a July poll had projected the “yes” vote would narrowly prevail, with 47% support versus 43% who opposed the amendment.
The ballot measure—in language that abortion advocates criticized for being confusing—asked voters to decide if they wanted to amend the state Constitution to specify that it “does not require government funding of abortion and does not create or secure a right to abortion,” allowing the state to enact abortion restrictions.
The amendment would have allowed the state to nullify a 2019 Kansas Supreme Court ruling that found the state Constitution does protect abortion rights, which barred lawmakers from heavily restricting or banning the procedure.
Its failure means abortion will remain legal in the state and lawmakers will continue to be barred from enacting new restrictions, though it’s still possible the court could at some point overturn its 2019 precedent, as Iowa’s Supreme Court did in June.
The ballot measure failing also ensures pregnant people in neighboring states that have banned abortion—like Missouri, Oklahoma and Arkansas—can travel to the state for care.
Surprising Fact
The ballot measure’s failure reverses a trend of voters in Republican-leaning states consistently voting against preserving abortion access in recent years. Ballot measures that took place in Louisiana in 2020, Alabama and West Virginia in 2018 and Tennessee in 2014 all resulted in voters approving amendments that specified their states don’t protect abortion rights.
What We Don’t Know
What other states will do, as Kansas is the first of likely six states that will have abortion-related ballot measures in the midterm elections. Kentucky will have a similar ballot measure that asks voters to specify there isn’t a constitutional protection for abortion, while questions in California, Vermont and likely Michigan will instead ask voters to codify abortion rights into the state constitutions. A Montana measure will more narrowly ask voters whether infants who are “born alive” are legal persons and have the right to medical care, including those born alive after attempted abortions. Those votes will all take place during the general election in November.
Key Background
Kansas is the first state where voters have directly weighed in on abortion policies since the Supreme Court overturned Roe v. Wade on June 24, leading to a wave of statewide bans on the procedure. Abortion bans have or will soon take effect in more than a dozen states, though some have been temporarily blocked. Polling shows abortion bans are largely unpopular, even among residents of states where they’ve already been enacted. The Kansas vote was viewed as a bellwether for how voters feel on abortion rights in the wake of the Supreme Court’s ruling, particularly as Democratic strategists and politicians hope the ruling will be a catalyst for pro-abortion rights voters to show up to the polls in November. President Joe Biden has said he believes voting in the midterms is the “only way” to shore up abortion rights, by electing a majority Democratic Senate and House that could abolish the filibuster and codify abortion rights in federal law, and state-level races will pick governors and attorneys general who will have a direct impact on state abortion laws.
Further Reading
Kansas Voters About To Decide Whether State Can Ban Abortion — Here’s What To Know (Forbes)
Why Kansas is a bellwether for abortion rights (Washington Post)
Kansas referendum will test change in abortion landscape since Roe fell (The Guardian)
Michigan May Join These 5 States In Putting Abortion On The Midterms Ballot (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/08/02/abortion-will-remain-legal-in-kansas-as-ballot-measure-to-amend-constitution-fails/