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The Kansas Supreme Court has ruled that the state constitution allegedly protects the “right” for a woman to dismember her child in the womb, a barbaric and dangerous abortion procedure to kill fully-formed unborn babies. This Kansas law prohibits “knowingly dismembering a living unborn child and extracting unborn child one piece at a time from the uterus.”


The Kansas Supreme Court ruled against the Unborn Child Protection from Dismemberment Abortion Act stating that the law violates the state constitution’s so-called right to personal autonomy, including the decision whether to continue a pregnancy. The state Supreme Court issued its order today in Hodes & Nauser with six of the seven justices agreeing the state constitution protects the right to an abortion.

Senate President Susan Wagle said nowhere in the state constitution is there a “right to the violent act of abortion.”  Wagle stated, “Today, the liberal, activist Supreme Court showed just how out of touch they are with Kansas values. Their ignorance to acknowledge that life in the womb, ordained by our creator and recognized by our medical community, as a separate life should … be protected by our laws.”

The Center for Reproductive Rights filed the lawsuit in 2015 on behalf of Hodes and Nauser, both abortion doctors at the Center for Women’s Health in Overland Park. Liberty Counsel filed an amicus brief on behalf of the American Association of Pro-life Obstetricians and Gynecologists, the American College of Pediatricians, and the Catholic Medical Association.

In the brief, Liberty Counsel argued that the law banning “dismemberment” abortions should be upheld. Medical research has determined unborn babies feel pain by the second trimester and prohibiting this barbaric and painful procedure furthers the state’s interest in protecting life and in preventing cruel and unusual punishment. The law also furthers the state’s interest in protecting the health and safety of women who face substantial physical and mental health risks from “dismemberment” abortions. Finally, the law furthers the state’s interest in protecting the integrity of the medical profession, including the health and safety of medical providers who face particularly adverse consequences from performing these types of procedures.

In 2015, Kansas became the first state in the nation to pass a ban on the dismemberment of a living unborn child. Since then, eleven other states have passed similar measures. Similar laws are currently in effect in Mississippi and West Virginia. Governor Doug Burgum also signed a bill this month protecting North Dakota children from “dismemberment” abortions.

In a D&E (“dismemberment” or dilation and evacuation) abortion, the unborn baby is ripped apart in the womb and pulled out, one piece at a time, using clamps, grasping forceps, tongs, scissors or similar instruments. This barbaric procedure is usually performed between 13 and 24 weeks when the unborn child has a beating heart and brain waves, is startled by loud noises, has learned to breath, can suck its thumb, its eyes move, its bones are hardening, and can feel pain.

Former abortionist Dr. Anthony Levatino explains the D&E procedure in a video produced by Live Action.

“Today is a tragic day that the Kansas Supreme Court would rule that the state constitution provides a ‘right’ to tear apart innocent living, unborn babies, limb by limb,” said Mat Staver, Founder and Chairman of Liberty Counsel. “To support dismemberment is extreme barbarism. No constitution provides the right to kill children. This decision is shameful and has nothing to do with the law. Today we weep for the lives of unborn children in Kansas,” said Staver.

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