07 01 22 Vol. 44 No. 1

Page 1

THELEAVEN.ORG | VOL. 44, NO. 1 | JULY 1, 2022

CNS PHOTO/EVELYN HOCKSTEIN, REUTERS

Pro-life demonstrators in Washington celebrate outside the Supreme Court June 24, as the court overruled the landmark Roe v. Wade abortion decision in its ruling in the Dobbs case on a Mississippi law banning most abortions after 15 weeks.

ROE FALLS

Battle returns to the states, starting in Kansas Editor’s note: Some interviews for this story were conducted before the Dobbs decision was announced.

K

ANSAS CITY, Kan. — The day pro-life people have hoped for but weren’t sure would ever come has arrived. The U.S. Supreme Court’s 1973 Roe v. Wade decision, which established a constitutional right to abortion, has been overturned. The pro-life victory comes after decades of hard work, much suffering and the deaths of more than 63 million unborn babies. The high court cut down Roe v. Wade when a solid majority ruled in favor of Mississippi’s 2018 Gestational Age Act, which was challenged in the case of Thomas E. Dobbs, State Health Officer of the Mississippi Department of Health, v. Jackson Women’s Health

By Joe Bollig joe.bollig@theleaven.org

“ THE BATTLE IS NOT OVER.

THIS IS A SIGNIFICANT VICTORY, BUT NOW EACH STATE WILL HAVE TO DETERMINE WHAT WILL BE THE PUBLIC POLICY ON ABORTION. ARCHBISHOP JOSEPH F. NAUMANN

Organization — or Dobbs v. Jackson, for short. The 6-3 decision came down June 24. But the rejoicing is muted in some states — Kansas among them. “I think many people prayed and worked for this day when the court would correct the grave errors that it made in 1973,” said Archbishop Joseph

F. Naumann. “I’m overjoyed that the American people can determine what the public policy on abortion will be. . . . I’m glad we’re back to where we were pre-1973. But the battle is not over. This is a significant victory, but now each state will have to determine what will be the public policy on abortion.” The abortion industry had been preparing for the overturning of Roe v. Wade, said Jeanne Gawdun, director of government relations for Kansans for Life. Although some states have pro-life laws in place or in the works, Kansas has been stripped of protection. “The strategy of the abortion industry has been to sue laws in state courts regarding limits on abortion,” she said. “Their strategy has been . . . to claim that the state constitutions have a right to abortion, and that’s what they did in Kansas.” On April 26, 2019, the Kansas Supreme Court ruled in the case of

Hodes & Nauser v. Schmidt that a right to abortion exists in the 1859 Kansas Constitution. In one swoop, the state’s high court changed Kansas from a pro-life state into a wide-open pro-abortion state by wiping out decades of pro-life laws regulating the abortion industry, creating a situation where abortion is practically unregulated and unlimited in Kansas, said Gawdun. “Our state supreme court agreed with the abortion industry’s claim that there is a ‘fundamental right to abortion’ [in the state’s constitution],” said Gawdun. “But our court went beyond that in saying any law regarding abortion — any law — is ‘presumed unconstitutional.’ That’s our reality in Kansas,” she continued. “Laws like parental involvement, no taxpayer funding for abortion, abortion clinic health and safety standards, women’s right to >> See “DOBBS” on page 10


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