Kansas senator tried to force to floor a bill that would criminalize almost all abortions

A Kansas senator tried to force to the full Senate a bill that would criminalize all abortions unless necessary to preserve the life of the mother.

The move by Sen. Mark Steffen, R-Hutchinson, to open debate on a bill that didn't get through the committee process failed 7-26 — but highlighted a strategical rift between anti-abortion policy makers.

Senate Bill 286 was drafted by Students for Life Action, a national anti-abortion organization that organizes youth chapters on colleges and high schools. Its draft legislation would make Kansas one of the 13 states in the country that bans abortion and doesn’t allow an exception during instances of rape or incest.

A young anti-abortion supporter holds a sign from Students For Life Action during the March for Life rally in downtown Topeka. Students for Life Action introduced a near-total ban on abortion that the Kansas Senate voted against pulling out of committee for the full chamber to debate.
A young anti-abortion supporter holds a sign from Students For Life Action during the March for Life rally in downtown Topeka. Students for Life Action introduced a near-total ban on abortion that the Kansas Senate voted against pulling out of committee for the full chamber to debate.

Though the bill failed decisively, some of the votes against it weren't opposed to the aims of the bill but to the potential impact it would have on implementing policies restricting abortion access.

“Sometimes allies in the war disagree on battle tactics," said Sen. Mike Thompson, R-Shawnee. "On multiple occasions over the past year or so, I’ve explained to my allies, who are the proponents of Senate Bill 286, why hearing this bill would be detrimental to achieving our mutual goal of overturning the Hodes decision and protecting life in Kansas.”

In 2019, the Kansas Supreme Court ruled that the Kansas Constitution protects abortion rights in Hodes and Nauser v. Kansas. Kansas legislators who approve of anti-abortion policies but voted against the bill said it could give courts the opportunity to rule on the bill and further set back the movement.

“Our courts are striking down every law that comes their way that puts any guardrails on the abortion industry," said Sen. Rick Kloos, R-Berryton. "There's little doubt that the Kansas Supreme Court welcome that opportunity as well with SB 286.”

Sen. Rick Kloos, R-Topeka, said a proposed bill that would ban abortion could set back the anti-abortion movement if challenged in court.
Sen. Rick Kloos, R-Topeka, said a proposed bill that would ban abortion could set back the anti-abortion movement if challenged in court.

The Hodes decision prompted a failed referendum to change the Kansas Constitution in which voters soundly rejected the Value Them Both Amendment in August 2022.

“Kansans overwhelming told the nation on Aug. 2 that a woman should have the right to choose, so I vote no because we’ve already voted for this,” said Senate Minority Leader Dinah Sykes, D-Lenexa.

Proponents argued that the next generation, represented by Students for Life, is more anti-abortion and will continue to aggressively advocate for such policies. Gallup issue polling, however, shows abortion-rights beliefs for those 18-29 years was higher in 2023 than any year prior at 64% except for a 71% peak in 2022.

Steffen called Students for Life the national leaders of the anti-abortion movement, and said the bill alludes to the future of such politics. He invoked his religious convictions when explaining his vote.

“We all ultimately have to answer to the good Lord on how we personally dealt with abortion, and most of us, I hope, are not touched negatively in that respect," he said. "But we as a body, as an elected Legislature, don’t have that luxury. We are the Pharisees of the 21st century.”

This article originally appeared on Topeka Capital-Journal: Anti-abortion Kansas senators split over strategy on abortion ban bill