Kansas Court of Appeals upholds block on Dismemberment Abortion Ban

By Kansans for Life

Shawnee County District Court Judge Larry Hendricks

Shawnee County District Court Judge Larry Hendricks

A temporary injunction will remain in place against SB 95, the Unborn Child Protection from Dismemberment Abortion Act, after the Kansas state Court of Appeals’ tie vote issued Friday.

The act bars a gruesome method of abortion in which a well-developed, living, unborn child is torn apart piece by piece with sharp metal tools.

We are assured that the Attorney General’s office will continue to rigorously defend this law. This outrageous ruling needs to be heard by the state Supreme Court without delay.

The Act was signed into law April 7, but blocked with a temporary injunction issued by Shawnee District Court Judge Larry Hendricks on June 25. The lawsuit was filed and argued by the New York-based Center for Reproductive Rights on behalf of the Overland Park Center for Women’s Health that had previously sued two other Kansas pro-life laws that have not proceeded to trial.

SB 95 was designed to pass muster with the U.S. Supreme Court, based on previous decisions. Pro-abortion attorneys apparently recognized that fact, choosing to file suit in state court, seeking the creation of a state right to abortion.

Judge Hendricks completely accepted the abortion industry claim that the basis for a federal “right” to an abortion also is found in the Kansas constitution. Hendricks misstated federal jurisprudence on abortion, and ignored the key 2007 U.S. Supreme Court Gonzales ruling, which said:

“[W]hen it has a rational basis to act, and it does not impose an undue burden, the State may use its regulatory power to bar certain procedures and substitute others, all in furtherance of its legitimate interests in regulating the medical profession in order to promote respect for life, including life of the unborn.” [Gonzales v Carhart, 550 U.S. at 158]

The “rational basis” for the Unborn Child Protection from Dismemberment Abortion Act is simple: dismemberment abortions are repugnant and unacceptable in a civilized society. Kansans asserted their right to curb medical abuse and show respect for the Unborn.

All abortions are not precluded by the Act– only one method—and therefore, there is no “undue burden” on a woman’s “right” to abortion.

“Kansans were outraged to learn of this heinous method of shredding apart innocent unborn children,” said Kansans for Life executive director, Mary Kay Culp. Kansans for Life submitted a friend of the court brief for the appeal.

Kansans for Life is confident this law will eventually be upheld—mirroring the long, but successful partial-birth abortion battle in which the U.S. Supreme Court eventually acknowledged the validity of pro-life legislation.