Reverend Joseph E. Kurtz, D.D. Bishop | Archdiocese of Louisville

The Kansas Supreme Court, on July 5, overturned a ban on the second-trimester surgical abortion procedure known as dilation and evacuation (D&E) and struck down a series of abortion clinic regulations long opposed by providers. The court found that both laws violated a section of the Kansas Constitution guaranteeing equal rights.

The decision in the D&E case was 5-1, with Justice Keynen “K.J.” Wall not participating. This ruling leaves in place a lower court order blocking the law passed in 2015. The Center for Reproductive Rights had filed suit against the law on behalf of two physicians who argued that the ban violated a woman’s right to an abortion protected by the Bill of Rights in the Kansas Constitution.

Writing for the majority, Justice Eric S. Rosen stated that the constitution’s Bill of Rights “includes a pregnant person’s right to terminate a pregnancy.”

Kansas Senate Bill 95, also known as the Kansas Unborn Child Protection from Dismemberment Abortion Act, was signed into law by Republican Governor Sam Brownback on April 7, 2015. The law allowed D&E procedures only when necessary to protect the life or health of the mother.

Ahead of signing the bill into law, Brownback described the second-trimester procedure as “a graphic reminder about how horrific abortion is.”

Justice Caleb Stegall dissented on July 5, noting that “the majority cannot bring itself to acknowledge the government’s compelling interest in unborn human life.” He also criticized what he saw as a shift away from recognizing pregnant women specifically in legal language.

In another ruling, also decided by a 5-1 vote with Wall not participating, regulations imposed during Brownback's tenure were struck down. These regulations governed staffing, procedures, equipment, and physical environment at abortion clinics. Critics argued these rules exceeded those expected of other healthcare facilities.

Justice Melissa Taylor Stanbridge wrote for the majority that Kansas failed to show it had a “compelling interest in protecting maternal health and regulating the medical profession as it relates to maternal health.”

In response to these rulings, Lucrecia Nold from the Kansas Catholic Conference expressed disappointment: “The ruling was expected but nonetheless disappointing... We will persevere with help for pregnancy resource centers and other educational and legislative efforts.”

Danielle Underwood from Kansans for Life commented: “It hurts to say ‘We told you so’... It would still be ‘heavily regulated’ if voters rejected the 2022 amendment.”

Voters in Kansas rejected a ballot measure in 2022 that would have removed existing protections for abortion from the state constitution following U.S. Supreme Court's Dobbs v. Jackson Women’s Health Organization decision.

New abortion laws took effect in Kansas on July 1 after legislators overrode four vetoed bills on April 30. One measure requiring healthcare providers to ask women their primary reason for seeking an abortion is being challenged in court.