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Laws pertaining to abortions and the practice of medicine.

Every year the social conservatives (typically Republicans and a few Democrats) try to find ways to outlaw abortion, make abortion too difficult or too expensive to obtain even if it is legal. They do not really care about women's health as they always claim ("Abortion will be safe when you can't get one."). They don't like people having sex that doesn't result in pregnancy and a baby. They don't like birth control. Period. They hate condoms, birth control pills, morning-after-pills, vasectomies, tubal ligations, IUD's, and any sexual position other than penile-vaginal missionary-style sex. They are miserable and they want your companionship to make themselves feel better.

Check here to see what anti-abortion laws they are trying to pass now. If the links below do not work, or you do not understand, please call the Kansas Capitol Library (1.785.296.2149 or 1.800.432.3924 toll free) and ask for the status of any of the abortion bills. They are nice people.


Enter
KS Legislative bill number
Current Kansas laws already in place.

Kansas Statutes Annotated
38-108 Court's right to confer rights of majority to minor; In general and not about abortion.
38-109 How minor obtains rights of majority; In general and not about abortion.
38-110 Court costs go to minor; In general and not about abortion.
38-123 Consent for medical care of unmarried pregnant minor.
38-123a Donation of blood by persons 16yo or older.
38-123b Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
38-2201 Liberal interpretation of the Code for Care of Children.
38-2202 Definition of a Child in Need of Care, physically, mentally or emotionally abused (y), or neglected (t), or sexually abused (dd).
38-2217 Health service for Child in Need of Care.
38-2223 Duty of a physician to report physical, mental, or emotional abuse, neglect, or sexual abuse when found.
38-2282 If you don't want your newborn, leave the unharmed baby with fire department, health department or medical facility within 45 days of birth. No questions. More info.
60-523 Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse.
59-3067 How to get guardianship for a minor, and what I expect to see from your attorney. A Power of Attorney over the child will not suffice, nor will an Affidavit of Guardianship drummed up by some attorneys.
60-3102 Definition of domestic abuse within 60-3102.
65-67a09 Child Rape Protection Act. Kansas Attorney General Phill Kline's people snuck this through the KS Legislature in 2005 after we won our lawsuit against Kansas to not have to report every case minor under age 18yo. That I am aware, no budget was set aside to actually do the DNA processing on abortion fetal tissues, thus the specimens I have sent are just setting on ice at KBI. Kline so wanted to prove that a few older men (Predators as Mark Crutcher of Life Dynamics, Inc. claims) were getting all the minors pregnant, abortion clinics were hiding this supposed fact, and this law was going to prove it true. The minutia regulations underneath this law are listed here K.A.R. 16-10 Kansas Attorney General, Child Rape Protection Act
65-67a01 Abortion fetal tissue act. Definitions.
65-67a04 Fetal tissue from abortion cannot used for anything basically. It scares social conservatives.
65-67a06 More of the same, Fetal tissue from abortion cannot used for anything basically. It scares social conservatives.
65-425 Definitions, Hospitals and other facilities. Republicans want Abortion clinics to be like Hospitals.
65-444 Hospital immunity if they refuse to do abortions. Legalized prejudice. Hospitals get tax breaks, even if they won't do abortions. Kansas University Medical Center lost State funding because they were doing abortions. Thus KUMC quit doing abortions in 1998 when KSA 76-3308 became law.
65-445 Medical facility abortion reports.
65-446 Hospital-employee immunity if they refuse to particpate in patient sterilization. Stupid. Legalized religious harassment.
65-1,158 Grants to abstinence-only programs. 7-to-3 match funding! (Waste of taxpayer money. Makes more business for us!)
65-1,159a Grants to anti-abortion crisis pregnancy continuance centers, with 1-to-1 match funding.
65-1,162 Education program regarding drugs and pregnancy. Don't get an abortion because you're on drugs, we'll get you clean.
65-1,170 Report data can be used to assess if any link between abortion and cancer. Waste of money because there is no link.
65-1,172 Report data confidential. There must be a link between abortion and breast cancer, so the dumb social conservative republicans hope.
65-1,250 Fetal tissue from umbilical cords at birth may be used. Ironic (see 65-67a04), but at least the KS Legislature isn't totally moronic.
65-2892 Physician can treat minor children for venereal disease without parental consent. (They couldn't possibly be admitting that their minor children are having sex! The horror!)
65-2837 Board of Healing Arts (physician licensing). Professional incompetency defined.
65-6701 Abortion law definitions.
65-6702 Birth control is legal.
65-6703 Elective abortion stops at 22 weeks gestation.
65-6704 Abortion counseling for Minors.
65-6705 Abortion parental notification and exceptions, like the Judicial Bypass.
65-6709 24-hour notification abortion delay, a.k.a. Woman's-right-to-know act. Stupid. Made more difficult 7-1-09.
65-6710 State-printed proLife material to help change your mind against abortion to be made available to patient. Made more difficult 7-1-09.
65-6711 Exception to 24-hour requirement if life or health of mother is in jeopardy.
65-6712 Physician punishment if 24-hour requirements are not met. (Drawn and quartered.)
65-6713 More 24-hour requirements. Physician immunity.
65-6721 D&X abortion prohibition with the Constitutionally-required exception.
76-3308 Kansas University Medical Center and affiliated services cannot do abortions or else get de-funded (no KS $).
21-3106 Time limitations for commencement of prosecutions. (Rape)
21-3501 Definition for sex offenses.
21-3452 Sneaking "unborn" terminology into murder laws.
21-3502 Definition of rape.
21-3503 Indecent liberties with a child.
21-3504 Aggravated indecent liberties with a child.
21-3505 Criminal sodomy.
21-3506 Aggravated criminal sodomy.
21-3508 Lewd and lascivious behaviour.
21-3510 Indecent solicitation of a child.
21-3511 Aggravated indecent solicitation of a child.
21-3516 Sexual exploitation of a child.
21-3518 Aggravated sexual battery.
21-3522 Unlawful voluntary sexual relations.
21-3602 Incest.
21-4716 Sentencing guidelines regarding sexual crimes, mitigating and aggravating factors.

Findlaw introduction article on abortion
American Bar Association on abortion law
Another women's rights timeline
Abortion and Personhood: Historical and Comparative Notes, by Dr. David L. Perry


Legal, social, and religious Time Line for Reproductive Health Rights
by M. Jeffrey Pederson, 720 Central Avenue, Kansas City, KS 66101.3546. 2011March.

Year What law or philosophy was expressed in that time period.
421 Saint Augustine of Hippo's Enchiridion, page 115-116, '...about abortive conceptions, which indeed have been born in the mother's womb, but not so born that they could be born again... Now who is there that is not rather disposed to think that unformed abortions perish, like seeds that have never fructified?' A fetus, like a seed, does not have the ability to germinate (gain a soul) until after fertilization and developed enough to survive.
1140 Italian Benedictine monk John Gratian combined and reconciled many previous laws/documents into one Concord of Discordant Canons. Therein he brought together several revisions of canon law about abortion in Aliquando, basically that abortion was homicide only when the fetus was formed (enough to accept a soul), accepting the notion that a soul enters the fetus later in development.
1215 Pope Innocent III, Fourth Council of the Lateran, abortion prior to quickening was only terminating potential life. Canon 50 refers to the four humors of the body, an obtuse reference to previous medical beliefs by Hippocrates, Aristotle, and Augustus.
1588 First papal canon Effraenatam by Pope Sixtus V (Constitutio Religiosa, 13 aprilis 1587) imposed ex-communication for all abortions. Abortion wavered in and out of favor over the centuries prior, but this was the most extreme. In his first papal canon imposed ex-communication upon all abortions including those un-animated fetuses under 40 days conception. Previously, abortions before 40 days conception were not murder or an ex-communicable sin, following Aristotelian logic.
1591 Pope Gregory XIV's Sedes Apostolica 1, 2, 3 rescinded ex-communication and returned absolution to the local priest (still a sin but woman won't be censored) for abortions of non-hominated fetuses (human soul not instilled, less than 40 days)due in part to the enormous numbers of Papal dispensations (sins forgiven). Died in office 10 months later. Popes thereafter did not revoke the ‘animation' clause until 1868, a length of 278 years. Gregory also outlawed slavery of indians in the Phillipines.
1821 Connecticut was the first to illegalize post-quickening abortion as a felony.
1828-1850's The illegalization of pre- and post-quickening abortion in NY and continues in successive states.
1848 Anti-slavery sentiments inspires women's rights movement: Seneca Falls Convention, Sufferagettes are born.
1859 American Medical Association strongly denounces abortion, as the "unwarrantable destruction of life."
1869 Pope Pius IX rescinds the 1591 ‘animation' exception. Induced abortion once again means ex-communication. In each available translation of Effraenatam, paragraphs eight, ten, and eleven are absent, and Pope Gregory XIV's (1591) allowances for unanimated abortions (less than 40 days conception) have vanished. The original Latin document is located in the Vatican Secret Archives and is unavailable for viewing except by special personal admission to the Archives for academic research only. Others will disagree.
1872 Slaughterhouse Cases (83 US 36). Equal Protection also applies to negroes and others ( but not women).
1873 Comstock Act defines contraceptives as obscene and illicit, making it a federal offense to disseminate birth control through the mail or across state lines.
1883 Margaret Sanger (Planned Parenthood founder) born into poor large (10 siblings) immigrant Irish Catholic family.
1905 Lochner v. New York (198 US 45). The federal Equal Protection clause overides state law.
1913 Sanger publishes articles on birth control, flees to Europe to avoid Comstock prosecution.
1914-1918 World War I
1916 Sanger returns to U.S. and charges are dropped. She opens first birth control clinic and is arrested.
1918 New York v. Sanger (118 NE 637). The Crane decision from Sanger's arrest, Comstock must allow doctors, not lay people, to give birth cotrol advice, and therefore allowed women to use birth control for therapeutic purposes.
1921 Equal Rights Amendment (ERA) drafted by Alice Paul, and introduced into Congress every year since.
1923 Women finally get the right of sufferage (to vote).
1923 Meyer v. State of Nebraska (262 US 390). Allowed private schooling in non-english language. Parents should be able to raise their children as they see fit.
1925 Pierce v. Society of Sisters, (268 US 510). Allowed private schooling versus mandatory public schooling of children. Parents should be able to raise their children as they see fit. (private schools = social conservatives)
1929 ACLU defended Margaret Sanger's (Planned Parenthood) right to ‘publically' discuss contraception. Physicians only were allowed to talk about contraception.
1930's The Great Depression (in the United States of America)
1936 United States v. One Package Under an exemption for physicians to dispense medical necessary pessaries (like diaphrams), a physician working with Margaret Sanger imported pessaries for contraception but Customs disallowed importation under the Comstock laws (in particular the Tariff Act of 1930 (19 U.S.C.A. § 1305 (a) on the importation of obscene materials) still in place.
1939-1945 World War II
1960 Birth of the "Pill", estrogen 100-175 mcg and progestin 10 mcg developed by Dr. Pinkus/Planned Parenthood.
1961 Poe v. Ullman (367 US 497). Upheld a Connecticut prohibition against contraception. Doctor arrested for talking about and dispensing condoms.
1964 Civil Rights Act of 1964, gave enforcement to women and negroes' civil rights under the 14th Amendment.
1965 Griswold v. Connecticut (381 US 470). Cannot prohibit contraception. "Right of Privacy" was born and applied as a marital right, to have or not have children.
1969 Man on the moon. Pill reduced to 50 mcg estrogen.
1971 United States v. Vuitch (402 US 62). The ‘health exception' for abortion was not unconstitutionally vague as the ProLifers argued. Some states allowed abortion under health exceptions.
1972 ERA passes the Senate, but it dies when not enough States ratify.
1972 Eisenstadt v. Baird (405 US 438). Allowed un-married people to have the same rights to contraception as married couples. Justice Brennan's oft quoted opinion says: "If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted government intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Eisenstadt at pg. 453.
1973 Roe v. Wade (410 US 113). Abortion allowed across all states. During the first trimester, no restrictions allowed. During the second trimester, only compelling maternal-health-interests may restrict abortions. During the third trimester only fetal-health-exception abortions allowed.
1973 Doe v. Bolton (410 US 179). Third trimester abortions okay under broad mental health exceptions.
1974 Low-dose pill, 35 mcg estrogen/0.5-1.0 mcg progestin available, what we use nowadays.
1975 Bigelow v. Virginia (421 US 809) A newspaper was charged with soliciting abortion business in Virginia for a New York abortion hospital where abortion was legal, while illegal in Virginia. First Amendment free speech issues overturned the lower court decisions.
1976 Planned Parenthood of Central Missouri v. Danforth (428 US 52). Removed husband's consent for married women's abortion.
1976 Beal v. Doe (432 US 438) Medicaid does not have to pay for not-necessary medical services such as Elective Abortion.
1977 Maher v. Roe (432 US 464) Two indigent women could not obtain the Certificate of Medical Necessity as required for Connecticut Medicaid abortion. Upheld Beal v Doe.
1977 Poelker v. Doe (432 US 519) St. Louis city funded a hospital for births but not for abortions. Upheld as Constitutional.
1980 Harris v. McRae (448 US 297). State does not have to pay for abortions.
1983 Akron v. Akron Center for Reproductive Health, Inc. City of Akron, Ohio forbid all abortions for minor 15yo and under, restricted D&E abortions to hospitals only, had excessive "informed consent" requirements, only face-to-face physician could give informed consent. All held to be Unconstitutional.
1986 Thornburg v. American College of Obstetricians and Gynecologists (476 US 747). Illegal to force state anti-choice information upon woman to dissuade her from abortion.
1986 Bowers v. Hardwick (478US186). Privacy of home no protection against anti-sodomy law. Sodomy does not have a procreation-related right.
1988 Frisby v. Schultz (487 US 474)Brookfield, WI ordinance prohibiting picketing in a residential neighborhood was Unconstitutional. Anti-abortion protestors could peacefully picket the homes of abortion clinc workers.
1989 Webster v. Reproductive Health Services (492 US 490). Eliminated trimester framework of RvW. State always has a compelling interest in fetal life throughout the pregnancy. State can impose some regulations.
1990 Hodgson v. Minnesota (497 US 417). Must allow minors to obtain abortion with either parental consent or a judicial by-pass. No absolute prohibitions.
1991 Rust v. Sullivan (500 US 173) Title X federal funds for Fammily Planning services (contraceptives typically) must not co-mingle with any abortion monies, staffing, building, et cetera.
1992 Planned Parenthood v. Casey (505 US 833). Future regulations could not impose an "Undue Burden". Wait-periods were enforced instead of abortion on-demand. Kansas goes to 8-hr waiting period.
1993 George Tiller, MD of Wichita, KS shot in the hands by Shelly Shannon of Oregon to prevent him from doing abortions. Local proLifers aided her escape. George survives and continues his life's work in abortions.
1993 David Gunn, MD was killed by proLifer Michael Griffin in Pensacola, FL as he entered the clinic grounds. Wikipedia notes
1994 John Britton, MD and escort James Barrett, killed by Paul Hill, and wounded wife June Barrett, while entering clinic grounds.
1994 Shannon Lowney and Lee Ann Nichols, receptionists at two different clinics in Brookline, MA, killed, and five others wounded by John Salvi. Salvi later commits suicide in prison. ProLife?
1997 Kansas goes to 24-hour waiting period and requires pregnancy-continuation literature be dispensed.
1997 Dr. David Gandell of Rochester, New York injured by flying glass after sniper attack at home.
1998 Security Robert Sanderson, an off-duty cop, was killed and nurse Emily Lyons was severely maimed by a shrapnel bomb outside a Birmingham, AL clinic. The proLifer, Eric Rudolph, was also responsible for the similar bombing at the Olympic Games in Atlanta, GA in 1996. He escapes into the surrounding woods. He is captured in 2003 while dumpster diving for food. Currently serving 4 consecutive life sentences.
1998 Barnett Slepain, MD assassinated by coward James Kopp through a kitchen window. Kopp flees to France with help from other proLifers to avoid death penalty. Extradited from France later on condition of No Death Penalty for Kopp. Wikipedia notes
1998 First of the (fake) anthrax letters mailed sent to abortion clinics mailed.
2001 More (fake) anthrax letters mailed to clinics, this time by Clayton Wagner.
2000 Carhart v. Stenberg (530 US 914). Partial Birth Abortion (one particular kind of D&E) ban ruled Unconstitutional, due to vagueness that would have "chilled" provision of all D&E abortions. Pictures of D&X were used, but actual wording was vague and included all D&E's and had no health exceptions.
2003 Center for Reproductive Law and Policy v Bush (304 F.3d 183) Organizations receiving federal monies cannot talk about or promote abortions as a condition of receiving their grants. The "Mexico City" policy.
2003 Aid For Women v. Foulston (Kansas District Court, 03-1353-JTM, 2003). Was initiated when a previous KS Attorney General Opinion (Stephens) from 1992 regarding required reporting of abuse under KSA 38-1522 (now 38-2223), specifically sexual abuse, only if physical or mental injury accompanied pregnancy (sexual activity), was enlarged by KS Attoney General Phill Kline into reporting ALL minors who are pregnant no matter whether consensual sex with like-aged partners or not. Center for Reproductive Law won against this proLife voyeuristic privacy invasion.
2003 Lawrence v. Texas (539 US 558) over-turns Bowers v. Hardwick (1986) anti-sodomy case. Privacy rights in home override state law against consentual homosexual activity.
2005 Richmond Medical Center for Women v. Hicks (03-1821, 04-1255, 4th Cir)
2007 Gonzales v. Carhart (550US124) revised intact D&E abortion ban permitted because they added minimal health exception. NYU Law Review notes of Gonzales v. Carhart.
2007 Richmond Medical Center, et al., v. Herring (550 U.S. 901). The Virginia law ban on Intact D&E has no maternal health exception. A normal (disarticulation) D&E (removal by parts, not intact) can become complicated requiring Intact D&E (D&X, or PBA), but if Intact D&E is always forbidden then anyone doing a regular D&E is at risk of prosecution. But since a conversion from D&E to D&X happens so rarely, they re-decided it wasn't Unconstitutional in whole. The Chilling Effect. Gonzales v Carhart overturned in part.
2009 Our loved George Tiller, MD was assassinated while ushering in church by religious proLifer Scott Roeder. He is currently serving a life sentences for First Degree Murder plus two one-year sentences for Aggravated Assault when he flashed his gun at two bystanders to protect himself from getting caught. Scott had help from other proLifers.
... ...more stuff to be added...