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Abortion-Rights Supporters Turn Out For ‘Historic’ Win In Kansas

How the unusual move of putting an abortion question on a primary election ballot backfired.

<div class="paragraphs"><p>Students and others protest for abortion rights in Union Square. Representational image. (Source: Reuters/Mike Segar/File Photo)</p></div>
Students and others protest for abortion rights in Union Square. Representational image. (Source: Reuters/Mike Segar/File Photo)

The unusual move of putting an abortion question on a primary election ballot backfired Tuesday when voters in Kansas rejected a proposal to change the state Constitution to declare there’s no right to an abortion.

It was the first referendum on abortion since the US Supreme Court overturned Roe v. Wade and said each state should set its own abortion policy.

Voter turnout was high even though most candidates vying for seats in Congress were uncontested. The ‘No’ vote tally on changing state Constitution was 534,134, or 58.8%. The ‘Yes’ votes totaled 374,611, or 41.2%.

President Joe Biden said the record turnout shows “the majority of Americans agree that women should have access to abortion.” He will sign a second executive order Wednesday directing the Health and Human Services Department to help people travel outside their states for abortions using funds from Medicaid.

Reproductive rights group Kansas for Constitutional Freedom called said the primary election was “truly a historic day” on Twitter.

The vote will keep intact a 2019 Kansas Supreme Court decision that granted abortion rights under the state Constitution. Courts will retain the grounds to invalidate any abortion ban that the Republican-dominated Legislature might advance.

Susan B. Anthony Pro-Life America said the proposal was defeated because “the abortion lobby’s message to voters was rife with lies that ultimately drowned out the truth.”

Since the vote was put on a primary election ballot, those working to drive turnout had to inform those unaffiliated with either political party that there was a reason to vote in a primary.

Combined, the organizations trying to sway votes for and against the amendment spent nearly $13 million on TV commercials, according to data compiled by AdImpact.

The state, which allows terminations up to 22 weeks, has long been a destination for abortion seekers coming from places with more restrictive laws. In 2019, nearly half of all those who received abortion care in the state were out-of-state residents, according to the US Centers for Disease Control and Prevention.

In the weeks since the US Supreme Court decision overturning Roe v. Wade, nearby states like Texas, Missouri and Arkansas have implemented total bans, driving up wait times as more patients seek care in Kansas.

Kansas was the first of five states with votes on abortion-related ballot measures this year. Voters will weigh in on abortion rights in California, Kentucky, Montana and Vermont in November, and activists will prepare their campaigns with the Kansas result in mind.

To contact the reporter on this story: Alex Ebert in Madison, Wisconsin at

To contact the editor responsible for this story: Fawn Johnson at

(Updates with vote tally and Biden statement, starting in the third paragraph.)

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