TOPEKA, Kan. — One of the first two TV ads aimed at defeating an anti-abortion amendment in Kansas doesn’t use the word abortion once.
“Kansans don’t want another government mandate,” the ad, titled “mandate” says while a photo of a church closure sign flashes across the screen.
The ad was released June 15 by Kansans for Constitutional Freedom, a coalition of advocacy organizations and abortion providers fighting the amendment, alongside an additional 30-second spot that mentions abortion once —but only in the context of rape, incest and life of the mother.
Hours later Kansans for Life, one of the leading organizations fighting for passage of the amendment, distanced itself from its national affiliate after the organization published model legislation that would ban abortion in nearly all instances.
“In the event Roe v. Wade is overturned, states will have a significant opportunity to protect the unborn,” James Bopp, Jr., general counsel for the National Right to Life Committee, said in a statement. “In doing so, it is important that such states not only prohibit illegal abortions, but also employ a robust enforcement regime, so that these laws are sure to be enforced.”
Though Kansans for Life has played a major role advocating for the National Right to Life Committee’s priorities in the state— a quote from former Kansas Gov. Sam Brownback earned prominent placement on the national organization’s website— a spokeswoman for the state-level organization refused to answer questions about whether they would pursue the model legislation from their national partner if the amendment passes. Kansans for Life, she said, doesn’t speak for the national group.
The episodes demonstrate the careful line advocates on both sides of the “Value Them Both” constitutional amendment have taken on messaging.
Both campaigns have likely already won the votes of the most fervent abortion voters - those that want abortion to be banned in nearly all cases and those who believe the procedure should not be subject to any restrictions.
The fight is instead being waged in the middle, over the voters who want abortion to be legal but with some restrictions, according to a May 2022 Gallup Poll that is about 50% of Americans.
The amendment on the August primary ballot would overturn a 2019 Kansas Supreme Court ruling that found a right to abortion in the state constitution. It is not a direct vote on an abortion ban, but it would give the green light to state lawmakers to ban or severely restrict abortion if Roe v. Wade is overturned.
The complicated nature of the amendment and its consequences leaves an opening for strategic messaging aimed at the middle ground.
Abortion rights advocates have focused on big government involving itself in private medical decisions, using similar language to Republican talking points on COVID-19. Anti-abortion activists, meanwhile, warn the state could lose anti-abortion laws that are already on the books opening the door to “unlimited” “taxpayer funded abortion” in the state.
“They have to massage their language and they have to frame things in ways that they think are advantageous to them. Both sides are framing in ways that they thing will work for them,” Patrick Miller, a University of Kansas political scientist, said. “They have to fight over the person who is in the middle.”
Abortion policy after August
The relative lack of immediate impact from the amendment, Miller said, likely benefits anti-abortion activists who can avoid talking about what comes next if the amendment passes. The model legislation published by National Right to Life Committee could make that harder.
Although a far-right Republican introduced a bill banning abortion earlier this year and Kansans for Life’s national partner is advocating for wide ranging abortion bans in every state, advocates for the constitutional amendment have shied away from hard-line anti-abortion messaging.
In response to the national organization’s model legislation Danielle Underwood, a spokeswoman for Kansans for Life, said the state level organization didn’t speak for the national group.
“Our state is different than any other in the nation right now. We have a unique situation in Kansas that must be fixed. August 2nd is so critical that we are fully focused on passing the Value Them Both Amendment,” Underwood said in an email.
Prior to the 2019 ruling, however, Kansas consistently followed policy priorities set for by the National Right to Life Committee including numerous restrictions on abortion care and funding, and a ban on dilation and evacuation abortions that led to the ruling.
It would be a notable departure if the Kansas chapter did not continue to pursue policies recommended by the national chapter in a post-Roe era.
Last month Senate President Ty Masterson, an Andover Republican, told reporters he would support further restrictions on abortion but did not provide details on policy he’d pursue.
On Thursday Masterson, and House Majority Leader Dan Hawkins, a Wichita Republican, said the focus was on the amendment before lawmakers could think about any new abortion laws.
“I’m a pro-lifer and I think these babies have a right to live but it’s the people of Kansas’ decision … There needs to be a correction of the disastrous decision by the (Kansas) court then we’ll decide where we go from there,” Masterson said.
Susan Humphries, a Wichita Republican who has pushed for anti-abortion legislation, said she was unsure what policy would be pursued after the amendment passes.
“(Legislators are) going to do what their constituents want,” Humphries said. “Even the most pro-life vote understands that if the mother’s life is in danger that’s a life as much as the baby is a life.”
Anti-amendment advertisements
Meanwhile, the two advertisements released by Kansans for Constitutional Freedom June 15 focused on framing the amendment as a “government mandate” even though no new abortion restrictions would be immediately imposed.
National abortion rights organizations have taken more vocal stances against all limits on abortion.
“This isn’t a partisan issue. Most Kansans believe you have a right to make those decisions without government interference,” Ashley All, a spokeswoman for Kansans for Constitutional Freedom, said. “We were focusing on clarifying what this amendment does … The supporters of this amendment have been, for years, misleading Kansans about what the current state of the law is, what the amendment will do and what they’ll do after it passes.”
The “mandate” ad doesn’t use the word abortion, or mention reproductive health once. Instead it alludes to government overreach “designed to interfere with private medical decisions” and urges Kansans to “say no to more government control.”
Another ad, “Oath” mentions abortion in passing as it relates to the health of a mother, rape and incest.
“It’s a government mandate that could ban all abortions with no exceptions, even rape and incest,” Alan Fearey, a Wichita doctor, says in the ad.
“We have very strong support among people who are very pro abortion but we can’t win with only those people,” said Zachary Gingrich-Gaylord, a spokesman for Trust Women abortion clinic in Wichita. “This is about really making that case to a wider audience who might have different incentives to keep as much reproductive choice available.”
Humphries said the ads used “lingo that might appeal to constitutionalists.” but questioned how effective it would be if those constitutionalists understood the issue.
The Value Them Both PAC criticized the ads as misleading.
“The Kansans for Constitutional Freedom campaign is literally being run out of an abortion clinic but fails to even include the word ‘abortion’ in one of these ads. Their deception continues with an unfounded claim that the Value Them Both Amendment is a government mandate, which is false,” Value Them Both Spokeswoman Mackenzie Haddix said.
The registered office for Kansans for Constitutional Freedom is the address of Overland Park’s Planned Parenthood clinic.
But Miller said the limited use of the word abortion is common for advocates on both sides of this issue. For example, he pointed to anti-abortion politicians who speak of “unborn” children rather than abortions.
“If you understand what the ads are about you understand that they’re about abortion,” Miller said. “You don’t always see the word abortion being used in the abortion debate but people get what you’re talking about.”
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