SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE CONCURRENT
RESOLUTION NO. 5003
As Recommended by House Committee on
Federal and State Affairs

Brief*
HCR 5003, if adopted by a two-thirds majority of each
chamber of the Kansas Legislature and approved by voters,
would amend the Kansas Constitution to create a new section
in the Bill of Rights concerning the regulation of abortion. The
new section would state the Kansas Constitution does not
require government funding of abortion and does not create
or secure a right to abortion. Further, the language would
state, to the extent permitted by the U.S. Constitution, the
people of Kansas, through their elected state representatives
and senators, may pass laws regarding abortion, including,
but not limited to, laws that account for circumstances of
pregnancy resulting from rape or incest, or circumstances of
necessity when necessary to save the life of the mother.
The resolution requires the following explanatory
statement be printed on the ballot with the text of the
amendment if it is submitted to voters for their approval:
The Value Them Both Amendment would
affirm there is no Kansas constitutional right to
abortion or to require the government funding
of abortion, and would reserve to the people of
Kansas, through their elected state legislators,
the right to pass laws to regulate abortion,
including, but not limited to, in circumstances
of pregnancy resulting from rape or incest, or
when necessary to save the life of the mother.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 A vote for the Value Them Both Amendment
would affirm there is no Kansas constitutional
right to abortion or to require the government
funding of abortion, and would reserve to the
people of Kansas, through their elected state
legislators, the right to pass laws to regulate
abortion.
A vote against the Value Them Both
Amendment would make no changes to the
constitution of the state of Kansas and could
restrict the people, through their elected state
legislators, from regulating abortion by leaving
in place the recently recognized right to
abortion.
If approved by two-thirds of the Legislature, the text of
the resolution and the yea and nay votes of both the Kansas
House of Representatives and the Kansas Senate would be
published in the journals of both chambers.
The resolution requires the proposed constitutional
amendment be submitted to voters at a special election called
on August 2, 2022, to be held in conjunction with the primary
election held on that date.

Background

2019 Kansas Supreme Court Decision
The proposed constitutional amendment was first
introduced in the 2020 Legislative Session after the Kansas
Supreme Court’s decision in Hodes & Nauser, MDs, P.A. v.
Schmidt, 309 Kan. 610 (2019) (Hodes), which was released
in April 2019. In the decision, the Supreme Court concluded
section 1 of the Bill of Rights protects judicially enforceable
rights, including a right to personal autonomy that includes
the right to decide whether to continue a pregnancy, and a

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strict scrutiny standard of review should be applied in
determining whether a statute infringes on fundamental
constitutional rights. The litigation was a challenge to
provisions of enacted 2015 SB 95, which prohibited
dismemberment, or dilation and evacuation (D&E) method,
abortions.

2019 Interim Committee Action
The topic of the resolution was discussed at meetings of
both the 2019 Special Committee on Federal and State
Affairs and the 2019 Special Committee on Judiciary. Both
Special Committees issued recommendations that voters be
provided an opportunity to vote on an amendment concerning
the language of the Kansas Constitution in light of the Kansas
Supreme Court’s decision in Hodes.

2020 Legislative Session Action (HCR 5019/SCR 1613)
The House Committee on Federal and State Affairs and
the Senate Committee on Judiciary held a concurrent hearing
on HCR 5019 and SCR 1613 on January 21, 2020.
HCR 5019 was recommended favorably by the House
Committee on Federal and State Affairs, but no further action
was taken on HCR 5019.
The Senate Committee of the Whole amended SCR
1613 to specify the proposed amendment would be submitted
to electors at a special election held in conjunction with the
August 4, 2020, primary election. As introduced, the
concurrent resolution stated submission to electors would
occur “at the primary election in August in the year 2020,
unless a special election is called at a sooner date by
concurrent resolution of the legislature, in which case it shall
be submitted to the electors of the state at the special
election.”

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 The 2020 Senate adopted SCR 1613 as amended. On
final action in the 2020 House of Representatives, SCR 1613
did not obtain the required two-thirds majority for adoption.

2021 Legislative Session Action (HCR 5003)
The concurrent resolution was introduced by the House
Committee on Federal and State Affairs at the request of
Representative Barker.
House Committee on Federal and State Affairs
The House Committee on Federal and State Affairs held
a hearing on HCR 5003 on January 15, 2021. At the hearing,
proponents testifying in support of the resolution included
representatives of the Archdiocese of Kansas City, Family
Policy Alliance of Kansas, Frontier Peace Advisors, Kansans
for Life, and Rachel’s Vineyard; one attorney; two medical
doctors; one licensed psychologist; and a private citizen.
Written-only proponent testimony was provided by
representatives of Ascension Via Christi, Kansas Catholic
Conference, and the Office of the Attorney General; former
Kansas Governor Jeff Colyer; six medical professionals; and
a private citizen.
Opponent testimony was provided by former
Representative Lusk; representatives of Kansas Abortion
Fund, Mainstream Coalition, Planned Parenthood Great
Plains Votes, Trust Women, and URGE: Unite for
Reproductive Justice; two medical doctors; and six private
citizens.
Written-only opponent testimony was provided by
Representative Vaughn and Representative Haswood; former
Representative Koesten; representatives of American Civil
Liberties Union of Kansas, Jewish Community Relations
Bureau, National Association for Pregnant Women, National

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Women’s Law Center, Physicians for Trust Women, and
Woody Law Firm; 1 medical doctor; and 17 private citizens.
Written-only neutral testimony was provided by a
representative of the Kansas Association of Counties.

Fiscal Information
No fiscal note was available at the time the House
Committee took action on the resolution.

Abortion; Value Them Both; Kansas Constitution


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