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Reason
Reason
Eugene Volokh

Kansas Voters Reject Repeal of State Constitutional Abortion Rights, by >58%-42% Margin

In 2019, the Kansas Supreme Court held (in Hodes & Nauser, MDs, P.A. v. Schmidt) that the Kansas Constitution's opening provision ("All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness") protected abortion rights. Today, Kansas voters overwhelming voted to preserve this interpretation, by a 58.8%-41.2% margin (with 96.7% of all ballots counted) [UPDATE: revised slightly downward from the original news, which had it a bit over 60%-40% with 89% of all ballots counted]. The ballot pamphlet stated:

Explanatory statement. The Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion, including, but not limited to, in circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother.

A vote for the Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion.

A vote against the Value Them Both Amendment would make no changes to the constitution of the state of Kansas, and could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion.

Shall the following be adopted?

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