{"id":11098,"date":"2016-01-24T09:03:55","date_gmt":"2016-01-24T17:03:55","guid":{"rendered":"http:\/\/spijue.wpengine.com\/news\/court-kansas-constitution-protects-abortion-rights\/"},"modified":"2016-01-24T09:03:55","modified_gmt":"2016-01-24T17:03:55","slug":"court-kansas-constitution-protects-abortion-rights","status":"publish","type":"post","link":"https:\/\/www.juneauempire.com\/news\/court-kansas-constitution-protects-abortion-rights\/","title":{"rendered":"Court: Kansas Constitution protects abortion rights"},"content":{"rendered":"

WICHITA, Kan. \u2014<\/strong> The Kansas Court of Appeals refused Friday to implement the state\u2019s first-in-the-nation ban on a common second-trimester abortion method, ruling in a split but groundbreaking decision that the conservative state\u2019s constitution protects abortion rights independently from the U.S. Constitution.<\/p>\n

The 7-7 ruling \u2014 released on the anniversary of the U.S. Supreme Court\u2019s Roe v. Wade decision \u2014 could be used by abortion rights supporters to challenge other state laws restricting abortion. If the decision is upheld, it would allow state courts to protect a woman\u2019s right to end her pregnancy beyond federal court rulings.<\/p>\n

Tie votes uphold the ruling being appealed, meaning Friday\u2019s ruling sides with a Shawnee County judge who put the 2015 law on hold while he considers a lawsuit challenging the ban. The lawsuit has yet to go to trial, but the judge said that general language in the Kansas Constitution about personal liberties extends to abortion rights \u2014 which the appeals court also supported, indicating how it may rule if it gets the full case.<\/p>\n

\u201cThe rights of Kansas women in 2016 are not limited to those specifically intended by the men who drafted our state\u2019s constitution in 1859,\u201d Judge Steve Leben wrote on behalf of the seven judges who sided with the lower court.<\/p>\n

The state will likely appeal to the Kansas Supreme Court.<\/p>\n

If the decision stands, it would \u201cimmensely strengthen protection\u201d of abortion rights when Planned Parenthood and similar organizations challenge legislation and laws that restrict abortion in Kansas, said Laura McQuade, president and CEO of Planned Parenthood Advocates of Kansas and Mid-Missouri.<\/p>\n

At the top of that list is a pending legal challenge to 2011 law, also temporarily blocked by the courts, that includes requiring abortion providers to have admitting privileges at a local hospital.<\/p>\n

Anti-abortion group Kansans for Life also recognized the potential impact. Its legislative director, Kathy Ostrowski, suggested pushing for a constitutional amendment to clarify that the Kansas Constitution doesn\u2019t specifically protect abortion rights.<\/p>\n

\u201cI can\u2019t understate how horrific this is, and how problematic some litigation might be, under a ruling that the state has a right to abortion,\u201d Ostrowski said Friday.<\/p>\n

The law at the center of the case prohibits doctors from using forceps or similar instruments on a live fetus to remove it from the womb in pieces. Such instruments are commonly used in dilation and evacuation procedures, which the New York-based Center for Reproductive Rights has said is the safest and most common abortion procedure in the U.S. in the second trimester.<\/p>\n

A similar Oklahoma law also was blocked by a state-court judge. Lawmakers in Nebraska have considered similar measures.<\/p>\n

The lawsuit was filed by the Center for Reproductive rights on behalf of father-daughter Drs. Herbert Hodes and Traci Nauser, who perform abortions at their health center in the Kansas City suburb of Overland Park. Their lawsuit cites only rights granted in the Kansas Constitution, meaning the case will be handled in the state court system.<\/p>\n

At issue is vague language in the Kansas Constitution\u2019s Bill of Rights that states that residents have \u201cnatural rights,\u201d and that \u201cfree governments\u201d were created for their residents\u2019 \u201cequal protection and benefit.\u201d<\/p>\n

Shawnee County Judge Larry Hendricks cited that language when blocking the law last year, ruling that the Kansas Constitution protects abortion rights at least as much as the U.S. Constitution. He also said the ban imposes an unconstitutional burden on women seeking abortions.<\/p>\n

Republican Gov. Sam Brownback \u2014 who was in Washington accepting an award from an anti-abortion group Friday \u2014 called on the state Supreme Court to quickly reverse the ruling.<\/p>\n

\u201cThe court\u2019s failure to protect the basic human rights and dignity of the unborn is counter to Kansans\u2019 sense of justice,\u201d he said. \u201cSeven judges have chosen to create law based upon their own preferences rather than apply the law justly and fairly.\u201d<\/p>\n

All four of Brownback\u2019s appointees to the appellate court voted to overturn Hendricks\u2019 decision, along with three judges appointed by Democratic governors, including Chief Judge Thomas Malone. The judges siding with Hendricks included six appointed by Democratic governors and one by a moderate Republican governor.<\/p>\n

The dissenting judges wrote that abortion places a pregnant woman\u2019s liberty interest at odds with the unborn child\u2019s right to life, and that balancing those interests is a question of public policy. They also said the Kansas Legislature was \u201cfree to restrict abortion procedures to the extent it finds it appropriate \u2014 as long as the legislative act does not violate our federal Constitution.\u201d<\/p>\n

The case has involved the full appeals court, rather than a three-judge panel, which judicial branch officials believe hasn\u2019t happened since 1989.<\/p>\n

During a rally at the Kansas Statehouse marking the 43rd anniversary of Roe v. Wade, David Gittrich with Kansans for Life said his group would work to oust the appellate court judges.<\/p>\n

\u201cHow much worse can you get?\u201d Gittrich said. \u201cIf any type of abortion should be banned, it\u2019s that one.\u201d<\/p>\n

Abortion rights supporters said the law needs to be overturned, because it prevents doctors from using their medical judgment.<\/p>\n

\u201cWomen deserve the right to access necessary reproductive health care without undue governmental interference,\u201d said Julie Burkhart, founder and CEO of Trust Women and South Wind Women\u2019s Center, which provides abortion services in Wichita.<\/p>\n

\u2022 Associated Press writer John Hanna in Topeka contributed to this report.<\/p>\n","protected":false},"excerpt":{"rendered":"

WICHITA, Kan. \u2014 The Kansas Court of Appeals refused Friday to implement the state\u2019s first-in-the-nation ban on a common second-trimester abortion method, ruling in a split but groundbreaking decision that the conservative state\u2019s constitution protects abortion rights independently from the U.S. Constitution. The 7-7 ruling \u2014 released on the anniversary of the U.S. Supreme Court\u2019s […]<\/p>\n","protected":false},"author":107,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_stopmodifiedupdate":false,"_modified_date":"","wds_primary_category":4,"footnotes":""},"categories":[4],"tags":[65],"yst_prominent_words":[],"class_list":["post-11098","post","type-post","status-publish","format-standard","hentry","category-news","tag-nation-world"],"_links":{"self":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts\/11098","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/users\/107"}],"replies":[{"embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/comments?post=11098"}],"version-history":[{"count":0,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts\/11098\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/media?parent=11098"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/categories?post=11098"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/tags?post=11098"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/yst_prominent_words?post=11098"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}