Kansas Court May Rule on When Life Begins

In a broad attack on abortion law, Kansas lawmakers voted Thursday to ask the state Supreme Court to declare that life begins at conception.

Abortion opponents hope the court will rule that a fetus is entitled to protections provided by the Kansas Constitution, including the rights of life, liberty and the pursuit of happiness.

“This is a direct attack on Roe vs. Wade,” said Rep. Rick Rehorn, an attorney and Democrat who supports abortion rights.

The Kansas House voted, 70 to 50, to direct the attorney general to file a lawsuit asking the state Supreme Court to make the declaration that life begins at conception.

Under state law, the attorney general must raise questions of constitutional law with the court when ordered to do so by either chamber of the Legislature.

“It’s the best method the House of Representatives has to show the importance of life,” Republican Rep. Dan Williams said. “That issue is vital to the issue of abortion, as well as many of the issues we deal with.”

Supporters say the issue of when life begins is ripe for review by the courts because of advances in medical science since the U.S. Supreme Court’s 1973 Roe vs. Wade decision legalized abortion.

Critics question whether lawmakers are wasting their time.

“What’s determined in a Kansas court is not going to be the law of the land,” Rehorn said. “Ultimately, to change that decision, it’s going to take the U.S. Supreme Court or a federal constitutional amendment.”

Abortion opponents have pushed lawmakers to make the request for several years without success. One reason lawmakers have refused is that Atty. Gen. Carla Stovall is a staunch supporter of abortion rights.

But now, Stovall is preparing to leave office to run for governor.

The lawsuit would not be filed until after Feb. 1, when a new attorney general has taken office.

Stovall’s spokesman Mark Ohlemeyer said she had no comment on the resolution because she needs to review it.