Kansas is set to enact one of the most restrictive and sweeping anti-abortion laws in the country. The Kansas bill states that life begins at fertilization and imposes a number of new abortion regulations. Specifically, the bill prohibits employees of abortion clinics such as Planned Parenthood from providing sex education in schools; bans tax credits for abortion services; requires health care clinics to give details to women about fetal development and abortion health risks; and bans abortions based solely on the gender of the fetus.
Despite the controversy surrounding the bill, the Kansas House voted ninety to thirty for the bill; hours earlier, the state Senate approved the bill by twenty-eight to ten. Governor Sam Brownback is a strong anti-abortion leader and he is widely expected to sign the bill into law within the next few days. The new restrictions will go into effect on July 1, 2013. Critics of the bill argue that it will be harmful to women. For instance, Kansas Senator David Haley, a Democrat who opposed the bill, argues that advocates of the bill were pursuing a “Taliban-like” course by letting religious views dominate the debate; he further argues that the law would limit women’s ability to make decisions about health care and reproduction decisions. Haley also contends that some health care providers might interpret the provision specifying that life begins at fertilization as a ban on birth control.
In Planned Parenthood v. Casey, 505 U.S. 833 (1992), the United States Supreme Court held that regulations that place a substantial burden on a woman’s right to have an abortion are unconstitutional. According to the Kansas City Star editorial board, the Kansas bill is one of the most punitive abortion bills in the country because the bill (1) places additional financial hardships on women; (2) forces doctors to disseminate misleading information; (3) puts schools in a difficult legal position; (4) denies tax breaks to any health care facility affiliated with abortion services; (4) forces physicians to consider a patient’s motives for seeking an abortion due to the gender-specific abortion provision; and (5) the bill is intended to “harass abortion providers, patients and other entitles, like schools, which are caught in the middle.” For these reasons, the Kansas bill would likely be deemed an undue burden on abortion rights.
The Kansas anti-abortion law highlights the growing trend of states either enacting or considering anti-abortion legislation. According to the Guttmacher Institute, there was not a single significant measure adopted by any state to expand access to abortion in 2012. The Guttmacher report notes that nineteen states adopted forty-three new provisions restricting abortion access in 2012. This trend has unmistakably continued in 2013. In recent months, Arkansas legislators enacted a ban on abortions after the twelfth week of pregnancy and lawmakers in North Dakota enacted an anti-abortion law that sets the limit at six weeks.