Bill > HB2171

Introduced Session

AN ACT concerning abortion; creating the abolish abortion Kansas act; making all abortions subject to criminal prosecution for violation of Alexa's law; removing certain exceptions to wrongful death cause of action for the death of an unborn child when such death is caused by an abortion; amending K.S.A. 21-5206 and 21-5419 and K.S.A. 2024 Supp. 60-1901 and repealing the existing sections. WHEREAS, Section 1 of the bill of rights of the constitution of the state of Kansas provides, "All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness"; and WHEREAS, This provision declaring an inalienable and equal right to life has been turned on its head by the erroneous interpretation of the Supreme Court of this state, which held in 2019 that the provision protects a woman's "right to decide whether to continue a pregnancy." Hodes & Nauser, MDS, P.A. v. Schmidt, 309 Kan. 610 (2019); and WHEREAS, Such an interpretation—finding a right to commit prenatal homicide—is not only foreign and contrary to the plain language of the constitution of the state of Kansas, it also violates the Fourteenth Amendment of the Constitution of the United States, which requires that "[n]o state…shall deny to any person within its jurisdiction the equal protection of the laws"; and WHEREAS, The Constitution of the United States provides, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Art. VI, Clause 2; and WHEREAS, Innocent human life, created in the image of God, should therefore be equally protected under the laws from fertilization through natural death; and WHEREAS, To ensure the right to life and equal protection of the laws, all preborn children should be protected with the same criminal and civil laws protecting the lives of born persons by repealing provisions that permit prenatal homicide and battery; and WHEREAS, All persons potentially subject to such laws are entitled to due process protections; and HB 2171 WHEREAS, Pregnant mothers should be protected from being pressured to abort their children; and WHEREAS, Provisions that may allow a person to aid, advise, hire, counsel or procure a mother to abort her child should be repealed. Now, therefore:

AI Summary

Committee Categories

Samantha Poetter Parshall (R)*,  Brett Fairchild (R),  Kevin Schwertfeger (R), 

House Withdrawn from Committee on Interstate Cooperation; Rereferred to Committee on Health and Human Services (on 03/10/2025)

Official Document