For the first time since the Supreme Court overturned Roe v. Wade, leaving it up to states to determine abortion access, the issue appeared on a statewide ballot. In Kansas, CBS News predicts that a proposed amendment to the state constitution that would remove the constitutional right to abortion has been defeated.
The Kansas ballot initiative is seen as a bellwether for the impact of abortion on November’s midterm elections.
Since the Supreme Court decision ending the federal right to abortion, at least 12 states have banned abortion directly or after six weeks of pregnancy. Other countries are also expected to move forward with additional restrictions.
In Kansas, voters confirmed that abortion is constitutionally protected, upholding a 2019 decision by the state Supreme Court. This decision states that a person has the right to personal autonomy and applies strict controls on the regulation of abortion. The Kansas Legislature could not prohibit or impose additional 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 that would allow lawmakers to further restrict or ban abortions. Opponents of the measure believe it would lead to a ban on abortion in Kansas. John Hanna/AP
“Today, Kansas residents stood up for basic rights. We rejected divisive legislation that threatened 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 and do business freely.”
President Biden issued a statement that said 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 make their own health care decisions. Congress must listen to the will of the American people and restore the protections of Roe as federal law.”
The Rate Both Amendment went on the Aug. 2 primary ballot after passing the Republican-controlled state Legislature with a two-thirds vote in both chambers in 2021.
“Although the outcome is not what we had hoped for, our movement and campaign have proven our determination and commitment. We will not abandon women and babies,” the Value Them Both Coalition, which supported the amendment, said in a statement. The group went on to call the result a “temporary setback.”
Although passage of the amendment would not outright ban abortions in the state, legal experts said it would pave the way for the state legislature, where Republicans have a supermajority, to ban abortions.
“Under the text of the amendment, it would be possible to enact a blanket ban on abortion from conception to birth, with no exceptions for rape, incest or the life or health of the mother,” said Richard Levy, a law professor at the University of Kansas.
Leading up to the primaries, groups for and against the amendment engaged in an aggressive campaign to reach out to voters, knocking on doors, 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 grassroots support from local residents and a broad coalition of smart, thoughtful Kansas residents across the state who put health care before politics,” said Emily Wells, president and CEO of Planned Parenthood Great Plains Votes, on the repair of defeat. “We’ve seen the devastation caused by the loss of abortion access in neighboring states, and tonight Kansans saw 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 voter turnout is generally very low — in previous recent elections, fewer than a third of voters turned out to vote — early voting in Kansas jumped ahead of the Aug. 2 primary, suggesting that voters were highly motivated by the abortion issue.
Unofficial results Tuesday night from the Kansas Secretary of State’s office showed more than 781,500 people voted for the amendment in the state. With 90% of votes counted as of 11.45pm on Tuesday, No led on 60.4% to Yes on 39.6%
In general, party officials and politicians are closely watching how overturning Roe v. Wade could galvanize voters ahead of the midterm elections. According to the CBS News Battleground Tracker, abortion is as important an issue as the economy and inflation for women under 50. More than two-thirds of women under 50 describe the Republican Party as “extreme.” But Democrats appear to be frustrated with their party’s handling of the abortion issue. Fifty-nine percent say their party is not doing enough to protect access, while a majority of Republicans think 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 abortion rights in the midterm elections. Measures similar to the Kansas effort are on the ballots in Kentucky and Montana, while initiatives to add anti-abortion protections to state constitutions are on the ballots in California and Vermont. Efforts to amend the constitution to protect abortion rights in Michigan are also underway.
The battle for abortion
More More Sarah Ewell-Weiss
CBS News reporter covering economic policy.
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