NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — Kansas U.S. Senator Dr. Roger Marshall, a long-time Great Bend obstetrician before he got into politics, knows how he is going to vote on the Value Them Both amendment August 2.
"My entire life has been fighting for the health and well-being of moms and babies," Marshall said Thursday. "Whether I am in the delivery room or the halls of the Senate, I am going to fight for life. Very simply, the Value Them Both amendment puts the decision making process back into the hands of state officials who are elected by people like you and me. It's what gives us our voice. Value Them Both does not ban abortion."
Though Marshall never served in the state legislature, he wants elected representatives making that call, not judges, or Kansas Supreme Court justices.
"I think that life begins at conception, but if there's going to be abortions done, I want to at least make sure that they are being done by doctors, that they are being done in appropriate surgical suites, not garages converted into some type of a mini procedure room. I think there needs to be some guardrails around that industry."
According to the Guttmacher Institute, many restrictions are already in place, including that a patient must receive state-directed counseling that includes information designed to discourage her from having an abortion, and then wait 24 hours before the procedure is provided.
Private insurance policies cover abortion only in cases of life endangerment, unless individuals purchase an optional rider at an additional cost.
Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment.
Abortion is covered in insurance policies for public employees only in cases of life endangerment.
The use of telemedicine to administer medication abortion is prohibited.
The parents of a minor must consent before an abortion is provided.
Public funding is available for abortion only in cases of life endangerment, rape or incest.
A patient must undergo an ultrasound before obtaining an abortion; the provider must offer the patient the option to view the image.
An abortion may be performed at 20 or more weeks postfertilization (22 weeks after the last menstrual period) only in cases of life or severely compromised physical health.
The state prohibits abortions performed for the purpose of sex selection.
Further, the Kansas Supreme Court held in Hodes & Nauser v. Derek Schmidt that abortion restrictions must pass strict scrutiny, which is a compelling government interest and government action that is narrowly tailored to that interest. Specific cases have not been brought beyond Hodes to challenge restrictions that may cause the test to be implemented.
According to a 2020 Kansas Law Review article from KU Law professor Richard Levy, some of the current restrictions in place in Kansas law may not theoretically survive challenge, if strict scrutiny continues as the standard. Those could potentially include the waiting period restriction and the informed consent restriction, in addition to the partial-birth ban that Hodes itself directly addressed.
As for Marshall, he believes the state legislature is the proper place to have this debate.
"We think that babies feel pain, recognize pain, I think at 14-15 weeks along, as well," Marshall said. "Look, I want to protect life at conception and I'm going to have to have faith in our state legislature to make some decisions there."
Marshall is a member of the Senate Pro-life Caucus.