On August 2, Kansas holds a primary election for political parties to select their candidates for the November 2022 General Election and a special election to amend the Kansas Constitution.

“The League of Women Voters wants to make sure all registered voters know that you don’t have to be affiliated with a major party to vote on the amendment in the special election,” said Carole Neal, voter services co-chair. “All registered voters should vote on this amendment whether they are Republican, Democrat, Libertarian or unaffiliated. In fact, for some voters, this may be the only issue on their ballot, and it is an important one.”

What the “Value Them Both Amendment” means

In 2019 the courts found the Kansas Constitution protected a woman’s right to abortion under our Kansas Bill of Rights due to the right of personal autonomy. Voters will be asked whether to leave the Kansas Constitution as it is or to adopt the following, which would allow the Kansas legislature to pass laws to regulate abortion.

This question appears on the Aug. 2 ballot:

Shall the following be adopted?

§ 22. Regulation of abortion. Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother.

O Yes

O No

In the explanatory statement, the ballot explains that “a vote against the Value Them Both Amendment would make no changes to the constitution of the state of Kansas, and could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion.”

Current Restrictions on Abortions

In Kansas, the following restrictions on abortion were in effect as of June 28, 2022:

• A patient must receive state-directed counseling that includes information designed to discourage her from having an abortion, and then wait 24 hours before the procedure is provided.

• Private insurance policies cover abortion only in cases of life endangerment, unless individuals purchase an optional rider at an additional cost.

• Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment.

• Abortion is covered in insurance policies for public employees only in cases of life endangerment.

• The use of telemedicine to administer medication abortion is prohibited.

• The parents of a minor must consent before an abortion is provided.

• Public funding is available for abortion only in cases of life endangerment, rape or incest.

• A patient must undergo an ultrasound before obtaining an abortion; the provider must offer the patient the option to view the image.

• An abortion may be performed at 20 or more weeks postfertilization (22 weeks after the last menstrual period) only in cases of life or severely compromised physical health. This law is based on the assertion, which is inconsistent with scientific evidence and has been rejected by the medical community, that a fetus can feel pain at that point in pregnancy.

• The state prohibits abortions performed for the purpose of sex selection.