"Kansas Supreme Court Rules Rights To ‘Liberty, Pursuit Of Happiness’ Include ‘Right’ To Abortion"

TOPEKA, Kan. — The Supreme Court of Kansas has ruled that the rights to “life, liberty and the pursuit of happiness” in the state Constitution’s Bill of Rights encompass a woman’s “right” to an abortion.

“We conclude that, through the language in section 1, the state’s founders acknowledged that the people had rights that pre-existed the formation of the Kansas government. There they listed several of these natural, inalienable rights …,” the court wrote in its opinion, released on Friday. “Included in that limited category is the right of personal autonomy, which includes the ability to control one’s own body, to assert bodily integrity, and to exercise self-determination.”

“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. Although not absolute, this right is fundamental,” it asserted. “Accordingly, the State is prohibited from restricting this right unless it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest.”