What Is 2022 Kansas Value Them Both Amendment
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Last updated: April 15, 2026
Key Facts
- The amendment appeared on the Kansas ballot on August 2, 2022
- It sought to remove abortion rights protections from the state constitution
- 59% of voters rejected the amendment, preserving current abortion access
- The vote was the first major electoral test on abortion rights post-Roe v. Wade
- Approximately 921,000 Kansans voted in the primary election
Overview
The 2022 Kansas Value Them Both Amendment was a proposed change to the Kansas State Constitution that appeared on the state’s primary election ballot on August 2, 2022. It aimed to overturn a 2019 Kansas Supreme Court ruling that interpreted the state constitution as protecting a woman’s right to abortion.
The amendment sparked widespread national attention as the first major vote on abortion rights following the U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022. Its defeat marked a pivotal moment in state-level abortion policy debates.
- Full name: The 'Value Them Both Amendment' sought to add language stating that the Kansas Constitution does not secure or protect the right to abortion.
- Legal impact: A 'Yes' vote would have allowed the Kansas Legislature to pass laws restricting or banning abortion without constitutional challenges.
- Timing: The vote occurred just weeks after the U.S. Supreme Court ended federal abortion protections in Dobbs v. Jackson Women’s Health Organization.
- Public engagement: Voter turnout surged to 47%—unusually high for a primary—reflecting the amendment’s significance.
- Outcome: With 59% voting 'No', the amendment failed, meaning abortion rights remain protected under current state constitutional interpretation.
How It Works
The amendment process in Kansas allows proposed constitutional changes to be placed on the ballot via legislative approval or citizen initiative. In this case, the legislature referred the Value Them Both Amendment to voters.
- Term:Constitutional amendment. A change to the Kansas Constitution requires voter approval after being passed by the legislature. This amendment needed a simple majority to pass.
- Ballot language: The official question asked voters whether they wanted to remove language implying abortion rights from the state constitution, effectively allowing legislative restrictions.
- Legislative role: The Kansas Legislature approved placing the amendment on the ballot in 2019, with Republican leadership supporting it as a way to restore regulatory authority.
- Judicial context: The 2019 Kansas Supreme Court decision in Hodes & Nauser v. Schmidt ruled that the state constitution protects personal liberty, including abortion access.
- Public campaign: Two major coalitions emerged: 'Value Them Both' (pro-amendment) and 'Kansans for Constitutional Freedom' (anti-amendment), spending over $20 million combined.
- Voting outcome: The 'No' campaign won in 98 of 105 counties, including traditionally conservative rural areas, signaling broad opposition to restrictions.
Comparison at a Glance
Below is a comparison of key aspects between the current state constitution and the proposed amendment:
| Feature | Current Kansas Constitution | Proposed Amendment |
|---|---|---|
| Abortion Rights | Protected under right to personal liberty (per 2019 ruling) | Not protected; subject to legislative regulation |
| Legislative Power | Restricted from banning abortion without compelling reason | Free to pass abortion limits or bans |
| Judicial Review | Courts can strike down restrictive laws | Reduced judicial oversight on abortion laws |
| Voter Approval | N/A | Required for constitutional change |
| Effective Date | Remains in effect | Would have taken effect upon passage |
The table highlights the significant shift the amendment would have made in balancing legislative power versus individual rights. While Kansas law currently permits abortion up to 22 weeks, the amendment could have enabled immediate restrictions. Its rejection ensures that future abortion laws must still pass constitutional scrutiny under state courts.
Why It Matters
The outcome of the 2022 vote had national implications, influencing abortion debates in other states considering similar measures. It demonstrated that even in conservative-leaning states, voters may support abortion access when directly consulted.
- National precedent: The defeat surprised many political analysts and energized reproductive rights advocates across the U.S.
- Future legislation: Kansas lawmakers cannot pass an outright abortion ban without risking constitutional challenges.
- Public opinion: Exit polls showed 55% of Republicans and 73% of independents voted 'No', indicating bipartisan concern.
- Activism impact: Grassroots organizing by groups like Kansans for Constitutional Freedom played a decisive role in voter mobilization.
- Legal stability: The ruling preserves the status quo, allowing abortions up to viability (around 22 weeks) in Kansas.
- Model for other states: Similar ballot initiatives in Kentucky and Michigan later in 2022 also failed, suggesting a trend in voter sentiment.
The 2022 Kansas Value Them Both Amendment vote underscored the complexity of abortion politics and the power of direct democracy in shaping personal rights.
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