Updated: April 26, 2019 / 12:39 PM
On Friday, the Supreme Court of Kansas ruled that the state’s constitution defends a woman’s right to have an abortion and consequently upheld an injunction blocking a state law that would have banned second-trimester abortion procedure that is currently commonly performed in the State.
The ruling allows the right to an abortion in the state of Kansas, even if the conservative-leaning U.S. Supreme Court overturns Roe v Wade, which is the 1973 ruling that recognized a right to allow abortions in the U.S. Constitution.
Rulings by state appeals courts on state constitutional issues are generally not subject to U.S. Supreme Court review.
Kansas state’s constitution protects “the right to control one’s own body, to assert bodily integrity, and to exercise self-determination,” the court wrote.
“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy.”
Political leaders in the state quickly commended the ruling while others condemned it.
“While federal law has long guaranteed every woman the right to make their own medical decisions in consultation with their healthcare providers, I’m pleased that the Kansas Supreme Court’s decision now conclusively respects and recognizes that right under Kansas law as well,” said Kansas Governor Laura Kelly, a Democrat.
“Today the liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” said Susan Wagle, the Republican president of the state senate.
The ruling ensures that women in Kansas will continue to have the right to an abortion unless the state amends its constitution. This ruling comes as more states adopt restrictions on abortion procedures.