Kansas continues battle with ‘Roe Rule’ as Convention of States fails to pass

Final Action in the Kansas House and Senate occurred on Wednesday, March 22, 2023, and while the Kansas Rules Committee had agreed to axe the ‘Roe Rule’ back in January of this year, it ultimately did not come to fruition. The ‘Roe Rule’ was devised to stop a convention of states from overturning the Roe v. Wade decision. In 1974, this federally unconstitutional rule found its way into the Kansas Constitution. This means that, while the House agreed to adopt HCR 5008 to apply to Congress for a Convention of States 73-46, when it came down to Final Action on the bill, they still needed a two-thirds vote (84 votes). Ultimately, it was not adopted with a 74-48 vote, with three legislators absent and not voting.

Regional Director for Convention of States David Schneider wrote in an email to The Kansas Constitutional that the strong bipartisan majority support in Kansas makes him proud, however, the Roe Rule needs to go.

“I will be working hard with legislators to finally rid Kansans of the disenfranchisement and legacy of the two-thirds Roe Rule,” Schneider wrote. “It is time to recognize Kansas has equality in exercising federal functions guaranteed in Article V of the U.S. Constitution.”

Another bill for Convention of States was voted on in the Kansas Senate. While this bill also passed to be adopted, once it came down to Final Action, the two-third majority was not met again, only receiving a 22-16 vote, with 2 absent and not voting.

Senator Marci Francisco (D) reasoned in an email to a constituent that she was not voting for the passing of a convention of states as she was “concerned that Kansas has not adopted a plan to choose the two delegates” that they would be “allowed” to send.

It is important to note that states can send as many delegates as they choose to the convention and are not limited to sending only two. Each state would still only get one vote.

She also said that she believes that if states agree on an amendment then the agreement can be added through ratification and not a convention. However, it’s important to note that this means putting faith in the federal government to limit its own power.

Kansas Grassroots Coordinator for Convention of States Connie Davidson wrote in an email to The Kansas Constitutional that she was “not surprised” by the ruling, but the organization will keep pushing as it’s the “big solution for the big Problem.”

“It is very difficult to have to work against opposing ideologues, especially on your own conservative side,” Davidson wrote. “And against a Kansas Constitution resolution that makes Kansans second class citizens, unequal to all other state citizens. We have had a majority plus 1 since we started this process as required by other states. However, we will continue to grow our grassroots to get ready for the Convention of Amendments, because it is going to happen.”

In an official response from Convention of States Action (COSA), they applauded COSA grassroots army in Kansas for the historic vote in the House and Senate, and said the fight is not over.

“We will not continue to let the Roe Rule preclude the Kansas legislature from using its Article V power to call a convention for proposing needed reforms via the amendment process,” COSA’s official response stated. “Because Article V gives the authority to apply for a convention solely to the state legislatures, state constitutional provisions cannot legitimately impose additional requirements. This was recognized by former Kansas Attorney General Derek Schmidt in a well-reasoned official opinion.”

COSA also urged supporters to contact their legislators to encourage supporting Convention of States and to eliminate the Roe Rule. If you would like to do this, you can click here.