Kansas' highest court rules for the first time that the state constitution protects abortion rights and blocks a first-in-the-nation ban on a common second trimester method for ending pregnancies.
Kansas' highest court ruled for the first time Friday that the state constitution protects abortion rights and blocked a first-in-the-nation ban on a common second trimester method for ending pregnancies.
The court said vague language protecting"equal and inalienable rights" in the first section of the Kansas Constitution's Bill of Rights grants a"natural right of personal autonomy" that includes the right to"control one's own body." Because that right is independent of the U.S. Constitution, Kansas courts could strike down restrictions that have been upheld by the federal courts.
The ruling immediately prompted abortion opponents to call for amending the state constitution. Democratic Gov. Laura Kelly, who took office in January, is a strong abortion-rights supporter, but the Legislature still has solid anti-abortion majorities. The Supreme Court sent the case back to the lower court for a trial on the lawsuit challenging the law but kept the judge's injunction in place, saying the lawsuit was likely to succeed in invalidating the law.
The state's attorneys argued there is no evidence that when the state constitution was written in 1859, its drafters contemplated abortion rights. In the Kansas Territory, abortion was illegal except to save a woman's life, and that policy carried over in the new state's laws.
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