Pro-Lifers and Pro-Abortionists respond to blocking of "Woman's Right to Know" Act

Being ruled as a freedom of speech violation for abortion providers and a violation to a patients’ right to an abortion, Kansas Judge Krishnan Christopher Jayaram has blocked portions of the 1997 ‘Woman’s Right to Know’ Act. This act has been amended throughout the years, most recently in 2023 after HB 2264 was passed by the Kansas Legislature, overriding Democratic Governor Laura Kelly’s veto.

A 92-page ruling of the lawsuit was issued on Monday, October 30 by Judge Jayaram, a judge appointed by Gov. Kelly in 2021.

Under the temporary injunction, the following has been blocked in Kansas:

• Policies that ensure a woman is informed she has the right to change her mind and withdraw her consent to the abortion 

• 24-hour waiting period

• Access to view her ultrasound or hear the heartbeat, at no additional expense to her 

• Information about abortion alternatives, medical risks and complications (some of which has been argued to be “medically unfounded”)  

• Gestational age of the preborn child at the time the abortion is to be performed 

• Disclosure regarding whether the abortion provider has received any disciplinary actions by the state board of healing arts 

• Abortion Pill Reversal (APR) information (effectiveness and safety is hotly debated)

Both pro-lifers and pro-abortionists weighed in on the ruling.

Republican House leadership issued the following statement regarding the ruling:

“For over 25 years, The Women’s Right to Know Act has empowered and protected vulnerable Kansas women who are considering a pregnancy termination by providing valuable information that is often withheld by the for-profit abortion industry. Informed consent is an integral part of any doctor-patient relationship and abortion is no exception. Sadly, this court decision temporarily erases common sense protections for the mother such as the right to an ultrasound at no cost, the right to know the infant’s gestational age, and the right to know whether the abortion provider has received any disciplinary actions by the state board of healing arts. We are discouraged by this court’s ruling, but will continue to stand strong for a woman’s right to medical information as this case continues through the court system.”

“This is a nightmare for women and a dream come true for the profit-driven abortion industry,” Communications Director of Kansans for Life Danielle Underwood said in a press release. “Women will pay the price for the deceitful practices of the abortion industry that consistently puts its own profits above all else.” 

“Forcing medical providers to give patients government-scripted misinformation violates the state constitution and medical ethics,” said Alice Wang, Staff Attorney at the Center for Reproductive Rights. “The court recognized that today and removed these paternalistic barriers that have restricted access to abortion for far too long. These restrictions are especially harmful now that Roe v. Wade was overturned, and Kansas clinics are overwhelmed with patients from neighboring states where abortion is banned. Abortion is a human right and Kansans deserve accurate, candid medical information.”

“This ruling represents a hard-fought win for our patients all across Kansas and in neighboring states where abortion is banned,” said Dr. Traci Lynn Nauser. “While there is still a long road ahead to ensure that Kansans are able to access timely abortion care without facing barriers, we are grateful that we can continue to provide accurate, patient-centered information to those who trust us with their care. Kansans deserve the best health care possible, and that includes open and truthful communication with their doctors without political scripting.”

“This victory is a rebuke of misinformation and a win for supporters of reproductive rights everywhere,” said Alexis McGill Johnson, President and CEO of Planned Parenthood Federation of America. “Kansans made it clear last year that they support access to abortion, which includes the freedom to receive timely care without being subjected to state-mandated inaccurate information from their medical provider. Today’s ruling allows providers to give their patients the quality care they deserve, reduces the stigma and misinformation around abortion, and does away with arbitrary restrictions that only serve to control people. We are proud to stand beside Kansans in the fight to protect and expand abortion access.”

“Each day these restrictions were in effect, we have been forced to turn away patients for reasons that are medically wrong and ethically unjustifiable,” said Emily Wales, President and CEO, Planned Parenthood Great Plains. “Today’s ruling is a crucial step in achieving what Kansans emphatically supported in August 2022: abortion access without political interference. No patient should be denied care because they printed a form in the wrong color, but that is precisely what these laws have mandated us to do. Over the past year, Kansas has served as a regional provider of care, and these restrictions have only compounded a public health crisis. At the same time, lawmakers continually disregarded the will of Kansans by passing more restrictions on abortion care, including one that would have forced providers to lie to patients with dangerous information about so-called medication abortion reversal. While this victory allows our patients to seek the timely care they deserve, we recognize many barriers to equitable access remain in this part of the country. Despite the challenges of the post-Dobbs landscape, we’ll do as we’ve always done, provide our patients with expert care informed by best medical practices. And tomorrow, when patients arrive from wherever they may call home, our first question will be about care and not font size.”

Starting on June 24, 2024, the hearing on the merits of the lawsuit will take place in Johnson County district court.