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Archive for January, 2018

The courts have now blocked enforcement of the Kansas live dismemberment abortion ban. A lawsuit was filed challenging the ban on live dismemberment abortion with a claim that our state constitution contains a right to abortion. This court decision represents a radical change in our Kansas public policy.

In a Republic, laws and public policy should not be made by unelected Judges. The people should make laws and public policy through their elected representatives, not unelected, unaccountable Judges.

The Court has basically amended the constitution by interpretation. There is a procedure to amend the Kansas Constitution which the people have used often. If the Judges want to amend our constitution to include a state right to abortion, they may do so properly but not by judicial decree.

How ironic. Our Kansas law forbids live dismemberment of a cow, horse, calf, hog, mule, or sheep unless it is rendered incapable of feeling pain. However, since the court in Kansas “discovered” the right to an abortion in the Kansas constitution, the state legislature may not afford similar humane protection to unborn humans.

We have passed 29 pro-life laws making Kansas the most pro-life state in the union. This new interpretation of the Kansas constitution threatens these laws. We have passed a law that bans live dismemberment abortion, stopped taxpayer funding of abortion, banned partial birth abortion, banned late-term abortion, promoted informed consent, and regulations that would improve the health and safety standards of facilities performing any abortion. We will support a constitutional amendment clarifying that our constitution does not block this type legislation.

 

Footnote Supporting material:

The protection against cruelty also extends to animals. See Kan. Stat. Ann. 21-6412 (2017). Kansas law recognizes the legality of killing farm animals, but restricts such killings to those conducted in accord with “normal or accepted practices of animal husbandry.” Kan. Stat. Ann.  (2017). The practices of animal husbandry are subject to the Humane Methods of Slaughter Act, 7 U.S.C 1901 et seq. (2012), which requires that livestock by “rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.” Id. at 1902. Federal law forbids live dismemberment of a cow, horse, calf, hog, mule, or sheep unless it is rendered incapable of feeling pain.

 

 

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