In the first week of the 2025 legislative session at the Kansas Statehouse, a group of Republican lawmakers has introduced two near-total abortion bans.
The proposals carry more of a symbolic meaning and are expected to be deemed unconstitutional under the Kansas Constitution. However, they have the potential to create uncertainty in the state, which has emerged as a crucial destination for women from various parts of the region who are seeking abortions.
HB 2009 seeks to impose a ban on abortion in the majority of cases, allowing for exceptions only when the life of the pregnant individual is at risk. Additionally, it grants private citizens the authority to file lawsuits against those who facilitate abortions for women, with potential damages amounting to $10,000 or higher.
HB 2010, a comprehensive abortion ban, does not provide any exception to protect the life of the pregnant individual. This legislation would grant the same legal rights to fertilized embryos and fetuses as those enjoyed by individuals, thereby potentially jeopardizing access to essential fertility treatments, such as in vitro fertilization.
A group of lawmakers, led by Republican Rep. Brett Fairchild of Stanton, has introduced two bills that bear resemblance to previous legislation. This year, Rep. Scott Hill of Abilene, Rep. Samantha Poetter Parshall of Paola, Rep. Bill Rhiley of Wellington, and Rep. Kevin Schwertfeger of Turon have also signed on to support these bills.
“I made a campaign promise to introduce robust pro-life legislation that would effectively ban abortion or at least severely limit it,” Fairchild stated. “Now, I am determined to honor that commitment and fulfill my duty to the people who elected me.”
According to Fairchild, HB 2010 was formulated in collaboration with a faction of the anti-abortion movement known as “abortion abolitionists.” These individuals advocate for complete abortion bans without any exceptions and have even proposed criminal charges of murder against women who undergo abortions.
He acknowledged that it is unlikely for the bills to become law in Kansas.
According to him, it would be challenging for them to make any significant progress, but the mere opportunity to present their case and advocate for their ideal position would be a noteworthy achievement.
In a significant development, the Kansas Supreme Court recently upheld its stance that the state constitution safeguards the rights to abortion. This decision was further reinforced by an overwhelming majority of Kansas voters, with nearly 60% supporting the preservation of these rights in 2022. As a result, the introduction of these bills comes six months after the aforementioned court ruling.
In Kansas, the law permits abortion up to 22 weeks of pregnancy. However, there are certain restrictions in place to regulate the procedure. These include rules requiring parental consent for minors and limitations on nonphysician clinicians offering abortion services.
Currently, there are pending court actions that have blocked further restrictions, including a 24-hour waiting period.
According to Emily Wales, president and CEO of Planned Parenthood Great Plains, the bills seem to be intended to send a “scary signal” to individuals in need of abortion care.
She expressed her concern about the proposed fear-mongering statutes, stating that they would undoubtedly instill fear in patients. She emphasized that they frequently receive inquiries from both Kansans and patients visiting Kansas regarding the legality of certain practices.
Reproductive rights groups are expecting Republican-controlled state legislatures, including Kansas’, to make further attempts in 2025 to limit people’s ability to travel between states for abortion care, according to Wales. Planned Parenthood is also preparing for more efforts by anti-abortion groups to restrict access to medication abortion, following significant attempts made in 2023 and 2024.
Kansas’ proposed total bans on abortion are in contrast with the approach taken by mainstream anti-abortion groups like Kansans for Life. While the organization supports legislation that imposes additional requirements on abortion providers and funds crisis pregnancy centers, they do not advocate for complete bans. Crisis pregnancy centers offer resources to individuals facing unplanned pregnancies, but have faced criticism for employing deceptive tactics to discourage abortion.
According to an email from Danielle Underwood, the communications director of KFL, the organization’s agenda for this year will center around advancing the cause of life. They aim to prioritize providing compassionate assistance to women, saving lives in practical ways, and ensuring that their proposals hold up in court.
Next week, the group will be releasing more information about its 2025 legislative agenda, she announced.
Rose Conlon is a health reporter for KMUW and the Kansas News Service.
The Kansas News Service brings together KCUR, KMUW, Kansas Public Radio, and High Plains Public Radio to delve into topics such as health, the social determinants of health, and their impact on public policy.
Kansas News Service stories and photos are available for republishing by news media at no cost. All we ask is that you provide proper attribution and include a link to ksnewsservice.org. We believe in the importance of sharing information and making it accessible to a wider audience. So go ahead and share our stories and photos, just remember to give credit where it’s due.
