The Supreme Court of Kansas just struck down a new restrictive Kansas abortion law based not on the federal guidelines of Roe v. Wade, but based on the plain common law language of the Kansas Constitution, Article 1, Bill of Rights:
§ 1. Equal rights. All men are possessed of
equal and inalienable natural rights, among which
are life, liberty, and the pursuit of happiness.
Based on that language, (from the Lawrence, Kansas Journal World) the Court found:
“The court said vague language protecting “equal and inalienable rights” in the first section of the Kansas Constitution’s Bill of Rights grants a “natural right of personal autonomy” that includes the right to “control one’s own body.” Because that right is independent of the U.S. Constitution, Kansas courts could strike down restrictions that have been upheld by the federal courts.
“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,” the court’s unsigned majority opinion said.
Justices ruled 6-1 on the language in state constitution.”
This is a potential game changer.