House Republicans Introduce Bill to Criminalize All Abortions in Kansas
Measure would classify abortion as criminal homicide under existing fetal protection statute, despite voters' 2022 rejection of an anti-abortion constitutional amendment
TOPEKA, Kan. — Republican members of the Kansas House introduced HB 2789 on Tuesday, a bill titled the "abolish abortion Kansas act" that would make all abortions subject to criminal prosecution under Alexa's Law, the state's existing fetal homicide statute. The bill was referred to the Committee on Federal and State Affairs.
HB 2789 would remove certain exceptions to wrongful death claims for the death of an unborn child caused by abortion and amend K.S.A. 21-5419 and 60-1901. Alexa's Law, named for an unborn child killed in a 2001 crime, currently applies criminal penalties when a fetus is harmed during the commission of another crime but explicitly excludes legal abortions.
The bill arrives nearly four years after Kansas voters rejected a proposed constitutional amendment that would have stripped abortion protections from the state constitution. In the August 2022 referendum, 59% of voters chose to preserve the right to abortion. The measure's referral to Federal and State Affairs — a committee controlled by the Republican supermajority — suggests leadership intends to give the bill a hearing, though its prospects for becoming law remain uncertain given the constitutional landscape and Gov. Laura Kelly's position on abortion rights.
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