The 2022 Kansas abortion referendum was a rejected

legislatively referred constitutional amendment A legislative referral (or legislative referendum) is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a ma ...

to the

Kansas Constitution The Wyandotte Constitution is the constitution of the U.S. state of Kansas. Amended many times (including a universal suffrage amendment in 1912), the Wyandotte Constitution is still the constitution of Kansas. Background The Kansas Territory wa ...

that appeared on the ballot on August 2, 2022, alongside

primary election Primary elections or primaries are elections held to determine which candidates will run in an upcoming general election. In a partisan primary, a political party selects a candidate. Depending on the state and/or party, there may be an "open pr ...

s for statewide offices, with

early voting Early voting, also called advance polling or pre-poll voting, is a convenience voting process by which voters in a public election can vote before a scheduled Election Day (politics), election day. Early voting can take place remotely, such as v ...

from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a

right to abortion Abortion-rights movements, also self-styled as Pro-choice and pro-life, pro-choice movements, are Social movement, movements that advocate for Abortion law, legal access to induced abortion services, including elective abortion. They seek to re ...

, giving the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions. On June 24, 2022, six weeks before the referendum, the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

's ruling in ''

Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', 597 U.S. 215 (2022), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court in which the court held ...

'' overturned ''

Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a List of landmark court decisions in the United States, landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an ...

,'' allowing individual states to ban abortion. While the Kansas referendum had already been scheduled, the ''Dobbs'' decision greatly increased the impact of its results, both in terms of its potential effects and as a

bellwether A bellwether is a leader or an indicator of trends.bellwether
" ''Cambridge Dictionary''. Re ...

of voter sentiment about abortion bans. The amendment was ultimately defeated by an 18-point margin, which was partially attributed to higher-than-usual turnout and an increase in

voter registration In electoral systems, voter registration (or enrollment) is the requirement that a person otherwise Suffrage, eligible to Voting, vote must register (or enroll) on an electoral roll, which is usually a prerequisite for being entitled or permitted ...

in the run-up to the referendum.

Background

Abortion access protections in the US by state

In 2015, the state legislature passed the Kansas Unborn Child Protection from Dismemberment Abortion Act, which would prohibit

dilation and evacuation Dilation and evacuation (D&E) or dilatation and evacuation (British English) is the dilation of the cervix and surgical evacuation of the uterus (potentially including the fetus, placenta and other tissue) after the first trimester of pregnancy. I ...

abortions, which accounted for 9% of abortions in Kansas, with few exceptions, such as to preserve the life of the mother. In response, two abortion providers in

Overland Park Overland Park ( ) is the largest city in Johnson County, Kansas, United States, and the second-most populous city in the state of Kansas. It is one of four principal cities in the Kansas City metropolitan area. As of the 2020 census, the pop ...

and others sued the state in the Shawnee County District Court, arguing that sections 1 and 2 of the constitution's Bill of Rights recognized a "fundamental right to abortion". The court agreed, blocking the law from taking into effect. As such, the

state attorney general The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, sta ...

appealed the case, titled ''Hodes & Nauser v. Derek Schmidt'', to the

Kansas Court of Appeals Kansas ( ) is a landlocked state in the Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named after the Kansas River, in turn named a ...

. It issued a 7–7 decision in January 2016, effectively upholding the district court's decision. The state then appealed again to the state supreme court, with

oral argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also ...

s heard in March 2017. It argued that the state constitution couldn't protect abortion rights since abortion was mostly illegal when it was drafted in 1859 and that physicians had other ways to perform second-trimester abortions. The court published its 6–1 ruling to affirm the lower courts' judgement on April 26, 2019, which stated that the first section of the state bill of rights in which "all men are possessed of equal and inalienable natural rights" include "a woman's right to make decisions about her body". The decision also stated that the right to abortion may only be infringed if "the State has a compelling interest, and has narrowly tailored its actions to that interest". The proposed amendment was first introduced in the Legislature as House Concurrent Resolution 5019 and Senate Concurrent Resolution 1613 in mid-January 2020, nearly nine months after the ruling, which would be overruled by the amendment. Its title of "Value Them Both" refers to the amendment's opening line which laid out the supposed rationale behind it, i. e., to "value both women and children". It was modeled after a similar amendment to the

Constitution of Tennessee The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. The original constitution of Tennessee came into effect on June 1, ...

which was also a reaction to a similar ruling by their

. After vigorous protests from groups supporting and opposing the proposal, it failed in a vote in the

Kansas House of Representatives The Kansas House of Representatives is the lower house of the legislature of the U.S. state of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for craftin ...

, due to four Republicans voting against it. State representative Don Hineman, who voted against, said that the statewide vote should be held in November, and that his vote was not in contradiction to his "staunch pro-life record". Almost exactly a year after its first introduction, the proposal was re-introduced as House Concurrent Resolution 5003. Several amendments were introduced to change the dates of which the referendum would be held. One of them was put forward by a Representative to move the date to August 2021, arguing that "5,460 babies will perish" between 2021 and 2022, while another was put forward by Democrats to move the date to coincide with general elections on Election Day 2022, as there were concerns that not doing so would suppress turnout and benefit the proposal's supporters, although the recent ''Dobbs v. Jackson Women's Health Organization'' case might also energize

pro-choice Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their ...

voters. Ultimately, none of these amendments were successful and in late January 2021, the resolution passed both houses on party-line votes, surpassing the two-thirds threshold needed for a constitutional amendment to be put before the voters. The language of the bill — in which a "yes" vote would remove constitutional protections for abortion in all instances — was described as being intentionally misleading, due to the unpopularity of blanket restrictions on abortion. It was put on the ballot through a house resolution passed in early 2021 with the goal of superseding a decision by the

Kansas Supreme Court The Kansas Supreme Court is the highest judicial authority in the U.S. state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as t ...

in 2019 that the state constitution protected a woman's access to abortion. Being the first abortion-related constitutional amendment on the ballot since the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

overturned the landmark ''

'' decision in ''

'', it was considered a

bellwether A bellwether is a leader or an indicator of trends.bellwether
" ''Cambridge Dictionary''. Re ...

over Americans' view on abortion. The Kansas referendum was also viewed as significant because neighboring states (such as

Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...

and

Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...

) are Republican-leaning and are more restrictive on abortion access. The referendum was the first of five abortion-related ballot measures in the U.S. in 2022: the others were held on

Election Day Election day or polling day is the day on which general elections are held. In many countries, general elections are always held on a Saturday or Sunday, to enable as many voters as possible to participate; while in other countries elections ...

for the general election (November 8) in

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...

Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...

Montana Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...

, and

Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...

. Because of this, the referendum was covered by media outlets worldwide. Supporters called their proposal the Value Them Both Amendment, and it was referred to as such in the "explanatory statement" as such on the ballot (on which the referendum appeared under the title "Question Submitted: Constitutional Amendment"). The referendum was also referred to as Amendment 2. The leading organization in favor of the measure's passage was the Value Them Both Association, an umbrella group of anti-abortion organizations. The Catholic dioceses in Kansas and many

evangelical Christian Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide, interdenominational movement within Protestantism, Protestant Christianity that emphasizes evangelism, or the preaching and spreading of th ...

groups also supported the measure. The leading group against the measure was ''Kansans for Constitutional Freedom''. Its passage would also be detrimental to the future of abortion in Kansas as Republicans could use its two-thirds supermajority to override a veto by

Laura Kelly Laura Jeanne Kelly (born January 24, 1950)"Laura Kelly,"
''Kansapedia,'' Kansas H ...

, the Democratic

governor of Kansas A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative. Depending on the type of political region or polity, a ''governor'' ma ...

, of an abortion ban or restriction that would be illegal under the 2019 state supreme court case. Saying that she opposed legislation that "interfered with a oman's freedom to make "reproductive healthcare decisions

ith The Ith () is a ridge in Germany's Central Uplands which is up to 439 m high. It lies about 40 km southwest of Hanover and, at 22 kilometers, is the longest line of crags in North Germany. Geography Location The Ith is i ...

her physician", Kelly had faced a challenge in the concurrent gubernatorial election by

Derek Schmidt Derek Larkin Schmidt (born January 23, 1968) is an American lawyer and politician serving as the U.S. representative for Kansas's 2nd congressional district since 2025. He previously served as the Kansas Attorney General from 2011 to 2023. A Repu ...

, the Republican

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

who praised the overturn of ''Roe v. Wade'' and defended the state in the state court case. Had the ballot measure passed, and had Schmidt won the election, Republicans would theoretically only need a simple majority to pass such legislation.

Content

The proposal would add a section to the Kansas Bill of Rights as follows:

§ 22. Regulation of abortion. Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion, and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother.

In addition to the proposed amendment, the house resolution also added an explanatory statement to the ballot paper as follows:

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.

If enacted, the amendment stated that the Kansas Constitution does not guarantee a

in any circumstance, including in cases that involve protecting the health or life of the mother,

incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...

, or rape, and would give the Kansas state government the power to prosecute pregnant women and doctors involved in abortions, including those that arose out of circumstances of "rape or incest, or circumstances of necessity to save the life of the mother". The bill additionally stated that the government of Kansas is not required to fund abortion.

Arguments

In an effort to appeal to the broader electorate, both sides of the debate tried to paint their preferred choice as more moderate than the opposite side. Supporters of the "yes" vote said that the amendment would give voters the ability "to weigh in directly on the ballot so that we can pass bortionlaws". They have also claimed that the amendment would allow for "common sense abortion limits", and said that the ''Hodes & Nauser v. Schmidt'' case, which protected the right to abortion, needed to be overruled, since it could be used to nullify existing abortion restrictions in Kansas, such as a ban on most abortions after 22 weeks and a requirement for

parental consent Parental consent legislation, laws (also known as parental involvement laws) in some countries require that one or more parents consent to or be notified before their Minor (law), minor child can legally engage in certain activities. Parental con ...

. Meanwhile, supporters of the "no" vote", i.e. opponents of the amendment, and legal experts said that, while the language of the amendment did not specifically reference an abortion ban, state legislators would be empowered to pass such legislation, and would likely do so. They pointed to similar bills that have already been considered and introduced in the Legislature, such as HB 2746, introduced in March 2022, which would ban all abortions except "when necessary to preserve the life of the pregnant woman", without exceptions for rape and incest, and would make performing abortions a level one felony. State representative Lindsay Vaughn also added that the right to abortion is a non-negotiable

human right Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning t ...

that should not be up for a popular vote. Many commentators, on both sides of the issue, brought up the

history of Kansas The U.S. state of Kansas, located on the eastern edge of the Great Plains, was the home of nomadic Native Americans in the United States, Native American tribes who hunted the vast herds of American bison, bison (often called "buffalo"). In arou ...

as a free state with respect to the issue of

slavery in the United States The legal institution of human chattel slavery, comprising the enslavement primarily of List of ethnic groups of Africa, Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865 ...

Campaign spending

Opponents and proponents of the measure collectively spent $22 million on the referendum campaign. Abortion rights groups spent $11.3 million, while abortion opponents spent almost $11.1 million.Sareen Habeshian
Opponents, advocates spent $22 million on Kansas abortion vote
''Axios'' (August 19, 2022).John Hanna & Heather Hollingsworth
Spielberg among donors in $22M Kansas campaign on abortion
Associated Press (August 19, 2022). Of the funding in support of the proposed amendment, more than $4.3 million was contributed by Roman Catholic dioceses and the Kansas Catholic Conference. Kansans for Life reported spending $2.7 million (split between its own efforts and its contribution to the main "vote yes" organization), and Susan B. Anthony Pro-Life America reported spending $1.4 million. Of the funding opposing the proposed amendment,

Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is an American nonprofit organization

affiliates and other abortion-rights organizations contributed nearly $2.3 million; approximately $1.5 million was contributed by

Sixteen Thirty Fund The Sixteen Thirty Fund is a hub of undisclosed political spending ("dark money") on the American Left. The group serves as a fiscal sponsor for other organizations, incubating and financing various progressive projects. According to ''The New Y ...

, and $1.25 million was contributed by

Michael Bloomberg Michael Rubens Bloomberg (born February 14, 1942) is an American businessman and politician. He is the majority owner and co-founder of Bloomberg L.P., and was its CEO from 1981 to 2001 and again from 2014 to 2023. He served as the 108th mayo ...

Polling

Results

By congressional district

"No" won all 4 congressional districts, including three that are represented by Republicans.

Aftermath

Reactions

Roger Marshall Roger Wayne Marshall (born August 9, 1960) is an American politician, physician, and former military officer serving as the junior United States senator from Kansas since 2021. A member of the Republican Party, he served from 2017 to 2021 as ...

, the US senator for Kansas, criticized the results after the vote, citing his Christian faith:

While I don't have an answer, I do know that God works all things for good for those who trust him. I want to thank everybody in the pro-life community who worked so hard to get this amendment passed. Tonight, we must still go to bed with faith and hope, for tomorrow we must be as dedicated to the sanctity of life, and to the fight to protect the lives of moms and unborn babies. Each of us will have to pray and look in our hearts to see what's next.

Meanwhile, on the same day as the referendum, President

Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...

released a statement praising the measure's defeat, while criticizing the US Supreme Court for overturning ''Roe v. Wade'', saying:

The Supreme Court's extreme decision to overturn ''Roe v. Wade'' put women's health and lives at risk. Tonight, the American people had something to say about it. Voters in Kansas turned out in record numbers to reject extreme efforts to amend the state constitution to take away a woman's right to choose and open the door for a state-wide ban. This vote makes clear what we know: the majority of Americans agree that women should have access to abortion and should have the right to make their own health care decisions.

In response to the referendum results, several national Democratic Party leaders, including Senators

Elizabeth Warren Elizabeth Ann Warren (née Herring; born June 22, 1949) is an American politician and former law professor who is the Seniority in the United States Senate, senior United States senator from the state of Massachusetts, serving since 2013. A mem ...

and

Brian Schatz Brian Emanuel Schatz ( ; born October 20, 1972) is an American educator and politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Hawaii, a seat he has held since 2012. A member ...

, argued that the party's candidates should emphasize reproductive rights in the 2022 midterm elections.

Analysis

Analysts noted that the "No" option outperformed Biden's vote share in the 2020 presidential election in every county, and won in several suburban counties where Trump had won a majority in 2020. There had been initial fears that holding a referendum alongside statewide primaries (rather than the general election) would suppress turnout, but this ultimately did not happen. ''

The Topeka Capital-Journal ''The Topeka Capital-Journal'' is a daily newspaper in Topeka, Kansas, owned by Gannett. History The paper was formed following numerous name changes and mergers, including the merger of ''The Topeka Daily Capital'' and ''The Topeka State Jou ...

'' reported that Democratic primaries were less contentious, and many Democratic candidates ran unopposed, meaning that Democrats would otherwise be unlikely to vote in the primaries. The turnout of nearly 50% exceeded a 36% turnout predicted by Secretary of State

Scott Schwab Scott Joseph Schwab (born July 9, 1972) is an American politician serving as the 32nd Secretary of State of Kansas. He served as a member of the Kansas House of Representatives, representing the 49th district, from 2009 to 2019. He also served a ...

a few days before the referendum, extrapolating from factors such as past turnout data. He also acknowledged that the ballot measure "has increased voter interest in the election". The turnout rate was nearly double that in the 2018 primary election, and nearly two-thirds of that in the 2020 general election.

Voter turnout In political science, voter turnout is the participation rate (often defined as those who cast a ballot) of a given election. This is typically either the percentage of Voter registration, registered voters, Suffrage, eligible voters, or all Voti ...

set a Kansas record for primary elections, with the referendum increasing

political mobilization Mass mobilization (also known as social mobilization or popular mobilization) refers to mobilization of civilian population as part of contentious politics. Mass mobilization is defined as a process that engages and motivates a wide range of partn ...

Sarah Smarsh Sarah Smarsh (born 8 August 1980) is an American journalist and nonfiction writer. Background Smarsh was born in rural Kansas and grew up on farms and in small towns. Her family moved frequently, and she attended eight schools before she reac ...

, writing in ''

The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...

'' after the measure was defeated, argued that "Kansas remains a beacon of liberty within the region", consistent with its history of being a " Free state" and extending

women's suffrage Women's suffrage is the women's rights, right of women to Suffrage, vote in elections. Several instances occurred in recent centuries where women were selectively given, then stripped of, the right to vote. In Sweden, conditional women's suffra ...

before the

Nineteenth Amendment to the United States Constitution The Nineteenth Amendment (Amendment XIX) to the United States Constitution prohibits the United States and its U.S. state, states from denying the Suffrage, right to vote to citizens of the United States on the basis of sex, in effect recogni ...

required that. The term " Free-stater" has particular resonance in Kansas due to the history of conflict over slavery there. A 2024 study in ''American Politics Research'' found that the referendum, which took place alongside a primary election, "mobilized an electorate that had more women and young people, fewer Republicans, and more first-time voters than a normal primary".

Notes

References

{{reflist 2022 Kansas elections 2022 ballot measures in the United States Abortion referendums August 2022 in the United States Kansas ballot measures United States state abortion legislation Women in Kansas U.S. state constitutional amendments