(Updated to include Sharice Davids and Kris Kobach’s efforts on the bill)
The Kansas House on Thursday came up four votes short of passing a constitutional amendment overturning a historic state Supreme court ruling that found the state constitution protects the right to an abortion.
In a preliminary vote, the House voted 80-41 to pass the constitutional amendment, but short of the 84 votes needed for passage. The amendment had already passed the Senate last week.
Four moderate Republicans – Don Hineman, Jan Kessinger, Bill Pannbacker and Tom Phillips – voted against the amendment
Democrats John Alcala, Stan Frownfelter, Cindy Neighbor and Ponka-We Victors did not vote on the amendment.
A final vote on the amendment is expected Friday.
“Every representative that voted against the ‘Value Them Both’ amendment has just endorsed unlimited abortion in the state of Kansas up until birth,” said Jeanne Gawdun, legislative director for Kansans for Life.
The amendment would give lawmakers the right to regulate abortion despite the state Supreme Court’s ruling, which set a higher judicial standard for evaluating abortion regulations passed by the Legislature.
Republican leadership has been expediting the legislation with the hopes of getting it passed within the first couple weeks of the legislative session. The vote by the House on Thursday leaves that in doubt.
Abortion opponents contend that the court’s decision threatens a series of abortion limits pass by the Legislature in the last decade, including clinic regulations that have been blocked in court since 2011.
Opponents tried to stop the amendment, saying it sets up the possibility that the Legislature would try to ban the procedure if Roe v. Wade was overturned.
They said the amendment would allow lawmakers to ban abortion outright without any exceptions.
“This legislation is flawed and it’s dangerous,” said Democratic state Rep. Stephanie Clayton.
“This legislation strips the constitutional rights from Kansans who can become pregnant,” she said.
“It’s a small subset of Kansans, but it is an important subset and we should not treat them differently. That is not how our constitution was intended to work.”
The House failed to muster the support it needed despite lobbying from members of Congress, including U.S. Sen. Jerry Moran and Congressman Roger Marshall.
Both phoned lawmakers on Wednesday urging them to support the amendment.
Marshall also signed a letter with Republican Congressman Ron Estes and Steve Watkins asking lawmakers to support the bill.
Meanwhile, Democratic Congresswoman Sharice Davids has been campaigning against the bill.
On Thursday, the former mixed martial arts fighter dug out the old boxing gloves and posted a video on Twitter, telling viewers the amendment is a “political attack on our fundamental rights that will set Kansas back decades.”
She urged her supporters to call their representative before the House convenes tomorrow to take a final vote on the amendment.
Kansas: we've got a fight on our hands. Tomorrow, the Kansas House will vote on a constitutional amendment that could allow for a complete ban on abortion with no exceptions. Call or email your rep and tell them to stand up for reproductive freedom → https://t.co/5Agelg9yYX pic.twitter.com/VGERJsDIUD
— Sharice Davids (@sharicedavids) February 6, 2020
“With Roe v.Wade under threat nationwide, there has never been a more important time to stand strong against attacks on reproductive rights,” Davids said in a statement;
“I will always fight to ensure Kansas families have access to the full range of health care services they need, including reproductive health care.”
Republican U.S. Senate candidate Kris Kobach weighed in as well.
“We’re going to need your help getting (the amendment) through the House,” Kobach said in an email to supporters.
“Do not ignore this message. I can tell you with certainty your phone call will add pressure to legislators and get this amendment across the finish line.”
