Abortion numbers rise in Kansas, but patient counts from Texas and Oklahoma drop
Jason AlatiddPublic health officials report an increase in abortions in Kansas, despite a decrease in the number of patients from Oklahoma and Texas seeking medical care in Kansas.
The Kansas Department of Health and Environment's preliminary 2021 report on abortion statistics shows an increase of 4.1%, from 7,542 abortions reported in 2020 to 7,849 in 2021.
A coalition of anti-abortion groups pointed to the report in a Tuesday news release marking the three-year anniversary of a Kansas Supreme Court decision. The justices declared in 2019 that Kansans have a "fundamental right" to an abortion under the state constitution, igniting an effort to amend the constitution.
"The data clearly shows Kansas is heading toward unlimited abortion up to the moment of birth," said Danielle Underwood, a spokesperson for Kansans for Life. "The Value Them Both Amendment is the one remedy for Kansans to avoid becoming a permanent destination state for painful, late-term abortions, paid for with our state tax dollars."
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No Kansas residents have had an abortion at 22 weeks or greater gestation since the 2019 decision, annual public health statistics show. Between 2016 and 2018, 16 Kansans went outside the state for late-term abortions.
Unlike the KDHE report from a year ago, when an increase in abortions was primarily attributed to out-of-state patients, the rise in abortions in 2021 was almost entirely from in-state patients.
Republicans and anti-abortion groups have seized on data an anecdotes of surging abortions in Kansas, labeling the state as an "abortion destination" and "sanctuary" under Democratic Gov. Laura Kelly.
Between 2019 and 2020, the number of annual abortions increased 630. Out-of-state patients accounted for 528, with Texas and Oklahoma girls and women driving the increase.
The 2021 figure was an increase of 303 from 2020. All but 11 of the patients lived in Kansas.
The new data shows an unexpected drop in the number of Texas and Oklahoma patients in a year when abortion providers reported a surge following legislation in Texas effectively banning abortions before most women know they're pregnant.
But abortion rights organizations contend the Kansas numbers do show the effect of Texas' six-week abortion ban, which went into effect Sept. 1, 2021.
Zach Gingrich-Gaylord, a spokesperson for Trust Women, which operates clinics in Wichita and Oklahoma City, said the surge in abortions in Kansas in 2020 was the result of short-term COVID-19 shutdowns of clinics in Oklahoma and Texas.
Subtracting the out-of-state patients treated during those shutdowns early in the pandemic puts the Wichita clinic's patient counts more in line with previous years, Gingrich-Gaylord said. That indicates the 2021 numbers for Kansas, which are substantially higher than 2019 patient counts, reflect the impact of Texas' SB 8 on the last four months of the year.
"What this data ultimately points to is the importance of ensuring access to abortions in local communities," said Rebecca Tong, co-executive director of Trust Women. "People from Texas shouldn’t have to travel hundreds of miles away to access basic and life-saving health care. People in Oklahoma deserve reproductive health care in their own communities.
"Kansans who live in Dodge City shouldn’t have to drive to Wichita just to get an abortion. By now it is clear that abortion bans don’t stop people from having abortions; in reality these bans outsource the provision of abortion care to surrounding states. It is unnecessary and cruel."
The KDHE reported abortions from 85 Oklahomans and 25 Texans in 2019, with an increase to 277 Oklahomans and 289 Texans in 2020 as those states deemed abortion an elective procedure amid the COVID-19 pandemic. In 2021, Kansas facilities saw 137 Oklahomans and 233 Texans.
Meanwhile, the number of Missouri patients increased from 3,178 in 2019 to 3,201 in 2020 and 3,458 in 2021.
A KDHE spokesperson did not immediately respond to a request for comment.
"The truth about this data shows that women and their babies are not being valued," said Lucrecia Nold, a Kansas Catholic Conference spokesperson. "We as Christians know that women and their babies deserve better."
Data shows highest Kansas abortions since 2011
The 2021 number is the most abortions in Kansas since 2011, when 7,885 were reported.
That figure includes 3,937 abortions reported among Kansans, with four of those happening outside of the state. The remaining 3,912 were out-of-state residents who traveled to Kansas.
Teenagers accounted for 751 abortions, including six girls younger than 14. The bulk of abortions — 4,588 — came from women in their 20s. Women older than 40 had 273 abortions.
Reports of physical, mental or emotional abuse or neglect were filed in 64 cases.
The data show 85% of abortion patients were unmarried girls and women, while 70% were performed at less than nine weeks gestation.
For 30% of abortions, the patient had never had a previous pregnancy. Additionally, 41% had no living children, and 68% had never previously had an abortion.
The hormone-blocking drug mifepristone was the most common method, accounting for 68% of abortions. The dilation and evacuation procedure, which anti-abortion groups refer to as "dismemberment," accounted for 6%.
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Value Them Both amendment will be on August primary ballot
The 2019 high court ruling found the state constitution's bill of rights protects personal autonomy and bodily integrity.
"This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy," the justices wrote.
The Value Them Both amendment would effectively undo that decision. It would rewrite the constitution to explicitly say it "does not create or secure a right to abortion." It would grant lawmakers the power to regulate abortion "to the extent permitted" by the U.S. Constitution.
Proponents contend that the amendment is necessary to allow lawmakers to regulate the medical procedure. However, the 2019 ruling in Hodes and Nauser v. Schmidt allowed regulations that "further a compelling government interest and in a way that is narrowly tailored to that interest."
"The Kansas Supreme Court’s extreme ruling overrides the will of the people," said Brittany Jones, a spokesperson for Kansas Family Voice. "Individuals all across Kansas are shocked at how unelected justices have removed protections for mothers and babies."
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Proponents argue that the amendment would not ban abortion. However, it would pave the way for state lawmakers to do so if the U.S. Supreme Court were to overturn Roe v. Wade.
That argument has led to a schism among religious conservatives. An organization called AIM KS, which stands for abortion is murder, has opposed the constitutional amendment because it does not abolish abortion.
The group has backed a bill introduced last month, HB 2746, that would ban all abortions except those performed to save the life of the fetus, remove a dead fetus after a miscarriage or stillbirth, or terminations of ectopic pregnancies.
An abortion to save the life of the mother would be illegal, unless it was an ectopic pregnancy with no "reasonable alternative." No exceptions are made for rape or incest.
Under the bill, morning after pills would likely be illegal. It would also be illegal to destroy a fertilized embryo as part an artificial insemination process. It is unclear how it would affect in vitro fertilization, or IVF.
Abortions would be criminalized as among the most severe crimes in the state, with a single offense carrying a penalty starting at 20 years in prison.
Jason Tidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jtidd@gannett.com. Follow him on Twitter @Jason_Tidd.