Kansas Supreme Court rules state Bill of Rights protects personal autonomy, right to abortion News
Kansas Supreme Court rules state Bill of Rights protects personal autonomy, right to abortion

The Supreme Court of Kansas ruled on Friday that the state’s Bill of Rights protects personal autonomy, including the right to abortion.

In a 6-1 decision, the court upheld a temporary injunction of Senate Bill 95, which prohibits the evacuation and dilation of a fetus during the second trimester, and remanded the case to the trial court for a full resolution of the issues on the merits. The court applied a strict scrutiny standard when analyzing the legislation and determined that preventing physicians from performing the safest second-trimester abortion procedure was not narrowly tailored to a compelling government interest. The court further reasoned “that section 1 of the Kansas Constitution Bill of Rights protects all Kansans’ natural right of personal autonomy, which includes the right to control one’s own body, to assert bodily integrity, and to exercise self-determination.”

Senate Bill 95 was passed in 2015, but it never went into force because of legal challenges. While Kansas was the first state to restrict abortion procedures at this early stage when many women do not know they are pregnant, it was followed by more than 10 other states in the American South and Midwest that passed similar bans on abortion procedures during the second trimester. Many of those measures are also being challenged.