The ban, which was passed into law in 2015, has never been enforced due to an injunction issued by a Kansas judge six years ago. Now- largely referencing
the 2019 decision Hodes & Nauser v. Schmidt that claimed to find a
"fundamental right" to abortion in the Kansas state constitution- Shawnee
County District Judge Teresa Watson has struck down the state's ban on the
dismemberment ban.
Dismemberment abortions occur during the 2nd trimester of development or later; since the unborn child will have grown too large for abortion via the abortion pill regimen to be effective. During a dismemberment abortion, an abortionist will reach through a mother's cervix with metal instruments to tear an unborn child's arms, legs, and head from its body piece by piece. See this YouTube video for a full description of the procedure.
In response to Hodes & Nauser v. Schmidt, the
Kansas Legislature approved a measure that will place the Value Them Both
Amendment on the Ballot for Kansans in 2022. This amendment would prevent judges from interpreting the state constitution to have a right to abortion.
The Value Them Both Amendment reads:
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.
