The Kansas Court of Appeals has upheld a ruling from the lower court to block the ban on second-trimester abortion procedures on pregnant woman. The finding was a split decision 7-7 ruling, which under the Kansas Law would mean the lower court's order will be followed.
The Wichita Eagle reported that the lower courts ruling is to put on hold the law that will block a certain procedure used in 95 percent of all second trimester abortions, which is dilation and evacuation abortions. Evacuation means dismembering the babies before they get removed from the womb. It is the first time that the Kansas Court of Appeals has allowed the state constitution to protect abortion rights beyond the US Constitution.
Notably, the decision from the appeals court was on Friday, which was the 43rd anniversary of Roe v. Wade. It paved way to the legalization of abortion in the country, according to a report by Time. In April last year, Kansas Governor Sam Brownback banned the dilation and excavation practices, which is more popularly known as "dismemberment abortion."
By June, a state judge blocked the law that banned the practice from taking effect after two abortion providers sued, saying that the ban is an unconstitutional burden on women. Sine there was a tie and the block on the ban was upheld, there should be an appeal to the Kansas Supreme Court.
"Today's ruling is a landmark victory for Kansas women, whose rights and health have been under siege for far too long," said Center for Reproductive Rights president and CEO Nancy Northup.
The Christian Broadcasting Network wrote that pro-life organization Kansas for Life argues that the block on the ban would only strengthen protection on abortion, while Planned Parenthood and other organizations with the same advocacy are trying to prohibit abortion in Kansas.
Legislative director, Kathy Ostrowski, suggested for a constitutional amendment that would clarify that the Kansas Constitution is not specifically protecting abortion rights. Meanwhile Governor Brownback called on the Kansas Supreme Court to reverse the ruling immediately.
