Kansas' Top Court Strikes Down Two Anti-Abortion Laws

The majority also ruled that 'a pregnant person's right to terminate a pregnancy' is protected by the state constitution

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MIAMI - FEBRUARY 02: A judges gavel rests on top of a desk in the courtroom of the newly opened Black Police Precinct and Courthouse Museum February 3, 2009 in Miami, Florida. The museum is located in the only known structure in the nation that was designed, devoted to and operated as a separate station house and municipal court for African-Americans. In September 1944, the first black patrolmen were sworn in as emergency policemen to enforce the law in what was then called the "Central Negro District." The precinct building opened in May 1950 to provide a station house for the black policemen and a courtroom for black judges in which to adjudicate black defendants. The building operated from 1950 until its closing in 1963. Joe Raedle/Getty Images)

The Kansas Supreme Court struck down two laws restricting abortion access and reaffirmed its position that the procedure is a constitutionally protected right in the state, according to a report.

The 5-1 decisions, with one of the seven justices not participating, left in place a lower court ruling blocking the law banning dilation and evacuation, a common second-trimester procedure, as well as laws regulating abortion clinics more strictly than other healthcare providers, the Associated Press reported.

"We stand by our conclusion that section 1 of the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person's right to terminate a pregnancy," wrote Justice Eric Rosen in one of the opinions for the majority.

Justice Caleb Stegall, a conservative and the lone dissenter, said the ruling by the majority would damage the court's legitimacy for "years to come" and result in a "legal regime of unrestricted access to abortion."

Abortion rights advocates lauded the decision.

"This is an immense victory for the health, safety and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which represented the abortion providers challenging the two laws.

Republican Kansas Attorney General Kris Kobach, who defended the legislation, called the ruling "disappointing."

"When the word liberty was included in the constitution, no one thought they were creating a right to an abortion," he said in a statement.

Tags
Kansas, Abortion, Supreme court
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