The pro-choice movement secured a massive victory in the Republican state of Kansas on Tuesday (August 2), as voters overwhelmingly rejected the ‘Value Them Both Amendment’ that would have removed legal protections for abortion from the state’s constitution. This was the first time the American public electorally responded to the landmark decision of the Supreme Court in June when it overturned the nationwide constitutional right to abortion, leaving abortion laws entirely up to the states. A record 900,000 Kansans turned out to vote, of which nearly 60 per cent opposed the amendment. This was significant because voters chose to retain the right to abortion in a Republican stronghold, where only 26 per cent of registered voters are Democrats. It could also have important ramifications for the US midterm elections scheduled for November this year. What was the abortion amendment rejected by Kansas? The ‘Value Them Both Amendment’ states there “is no Kansas constitutional right to abortion or to require the government funding of abortion.” The Kansas Supreme Court ruled in 2019 that abortion was guaranteed by the state constitution. Voting ‘yes’ on the ballot for the amendment would have meant there would be no constitutional right to abortion in the state while voting against would leave the state constitution unchanged, and people in Kansas would continue to have a right to an abortion. Those opposing the amendment criticised it for being purposefully confusing and misleading. While it specifically mentions government funding, Kansas already bans taxpayer money from being used to fund abortion, as reported by Vox. The ballot also explicitly lists certain restrictions that an abortion ban could have, such as in pregnancies caused by rape or incest, or those in which the mother’s life is in danger. However, as The Guardian reported, this measure does not stop lawmakers from passing a total ban on abortion without allowing for any restrictions. Supporters of the amendment claimed that it would not lead to an abortion ban, but would allow legislators to regulate the procedure. According to a report by KCTV5, a television channel from Kansas City, Missouri, abortion in Kansas is already regulated. Women that seek an abortion must receive counselling and wait 24 hours before the procedure. They must undergo an ultrasound and be offered the image of the foetus in the womb. They cannot get abortion medicine through a telehealth meeting with the doctor, and abortion is also limited after 22 weeks unless there is a medical problem. Achieving support across ideology Those campaigning against the amendment were able to get support from well beyond the liberal and left-leaning electorate. One reason for this was their appropriating and adopting of the language traditionally utilised by conservatives. Presenting the abortion ban as a form of government overreach that violates personal freedoms, pro-choice groups were able to appeal to moderate Republican and independent voters as well. In their advertisements, abortion rights campaigners urged voters to “say no to more government control,” and were able to make use of the popular sentiment in Kansas against government intervention in personal healthcare matters, according to one report by Reuters. “We definitely used messaging strategies that would work regardless of party affiliation,” said Jae Gray, a member of the Kansans for Constitutional Freedom, an abortion rights group that campaigned against the amendment. “We believe every Kansan has a right to make personal health-care decisions without government overreach — that’s obviously a conservative-friendly talking point. We were not just talking to Democrats,” she said in a Washington Post report. Significant headway was made by the campaigners in rural and other traditionally conservative counties. In Leavenworth, the suburban county which had chosen Donald Trump in the 2020 elections, voters this time rejected the amendment by nearly 20 per cent, according to Reuters. In rural Lyon County, which has historically selected Republican presidential candidates, more than 60 per cent voted to protect abortion rights. What does it mean for the Democrats? The result could have significant ramifications for the midterm elections when the public will vote for members of the US Congress or the country’s parliament, and representatives at the state and local levels. Democrats are hopeful that they can ride the momentum to the polling booths on November 8, and can take control of both the House of Representatives (lower house) and the Senate (upper house). According to Sarah Longwell, a Republican strategist, the hot-button issue of abortion could turn away swing voters such as college-educated moderates from the party in states where they have nominated more right-wing candidates. The Democratic Party could win if they focus on abortion rights in their campaigns, she said in a Reuters report. But the Democrats face an uphill battle in the November elections, in light of the public dissatisfaction over inflation and US President Joe Biden’s poor approval ratings. However, a Monmouth University poll published on August 3 showed an increase in support for the party since June. 50 per cent of Americans would prefer if the Democrats controlled Congress, while 43 per cent would rather have the Republicans in charge. In May, before Roe v. Wade was overturned, the Republicans had enjoyed a 4 per cent lead over the Democrats. Apart from abortion, the voters will also consider factors like the economy, gun control and climate change when selecting their congressional candidates.
