I’ve seen some confusion around the “Value Them Both” constitutional amendment that Kansas residents will have the opportunity to consider on August 2nd. Here’s a quick FAQ for those still weighing how to vote:
Q: What does this amendment do?
A: The “Value Them Both” amendment would change the text of our state constitution to include the following language: “§ 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.”
Q: Is this amendment necessary?
A: Yes. In 2019, the Kansas Supreme Court claimed to have found a right to abortion in the Kansas constitution, much like the Roe decision did in 1973 with the US Constitution. This means that even though Roe (and Casey) was recently overruled by the US Supreme Court, indicating that there is no so-called right to an abortion in the US Constitution, the Kansas state supreme court still says there is such a right according to our state constitution. This is why Kansans have to amend our Kansas constitution, so that our state supreme court cannot overrule pro-life legislation with the claim that our state constitution guarantees that right. In the absence of such an amendment, ANY legislative effort to limit or outlaw abortion will continue to be struck down by our state supreme court.
Q: Should I vote yes?
A: Yes! We should support any effort that will lead to the reduction and elimination of abortions in this country, because life is a precious gift from God that deserves the full protection of the law. I know there exists a strategic disagreement in the pro-life camp between incrementalists and abolitionists, but this amendment does not address that question. It merely clears the field for pro-life legislation to be advanced in our state so that activist judges can no longer overrule the will of the people.
I will be voting “Yes” on August 2nd, and I hope you will join me.