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HelpImSurrounded

(558 posts)
Wed Aug 3, 2022, 12:58 PM Aug 2022

Don't celebrate Kansas too soon

Granted, I was the last person to suspect that Kansas had constitutionally protected abortion access. Give my trips down Kansas' tollway I've come to think of Kansas as a "Don't come here" state and never dreamed that women would have an iota of rights.

So I was pleasantly surprised to learn that, not only are abortion rights protected, but the electorate voted to keep them protected last night.

But this is just step 0. I looked in to the 2019 decision that recognized this right and I fear it is as tenuous as Roe always was. But this time we need to say it louder and pursue real codification of that right.

In Kansas that right is based in this line - "All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness."

The decision continues: "We are now asked: 'Is this declaration of rights more than an idealized aspiration? And, if so, do the substantive rights include a woman's right to make decisions about her body, including the decision whether to continue her pregnancy? We answer these questions, 'Yes.' "

While I think this is a stronger decision than Roe it was a 7-7 decision of the Appeals court which left the lower court decision in place and it is an inherently delicate political position teetering between past centuries of misogyny and, hopefully, a future of liberation.

But this is now. It's not the future yet. Complacency will be our enemy. Now is not the time to breathe a sigh of relief and hope it stands. We have to assume it won't and reach, uncompromisingly, for women's bodily autonomy and nothing less.

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Bettie

(18,999 posts)
1. I suppose the SCOTUS
Wed Aug 3, 2022, 01:07 PM
Aug 2022

will have Alito and his minions saying that the "textualist" reading is that those rights are reserved only to cis, white, property owning males and the rest of us have no rights whatsoever. And Clarence will nod and agree with the decision.

I'm half sarcastic and half, yeah, that could happen.

NutmegYankee

(16,448 posts)
3. Thankfully it won't go to them.
Wed Aug 3, 2022, 01:43 PM
Aug 2022

Decisions interpreting a state Constitution stop at the State Supreme Court.

Bettie

(18,999 posts)
5. :) Yes, thankfully....
Wed Aug 3, 2022, 01:53 PM
Aug 2022

But you know they'll give that 'textualist' reading a shot eventually.

As it is, they will be ruling next term that votes don't really matter if state legislatures don't like what the voters choose.

WA-03 Democrat

(3,322 posts)
2. I totally disagree
Wed Aug 3, 2022, 01:21 PM
Aug 2022

I moved to a “red” state from my “blue” state over the last 3 months. My parents are in Kansas and I want to be with them. We can take one day and celebrate a great win. Kansas has shown that we do not want our rights decreased. We want them to be increased. Republicans have over played their hand and it’s getting slapped back. I will celebrate today and then tomorrow start working for the big November general election. It’s okay to be happy after something good happened. In fact it is normal. The fight nor the war is not over.
Did we win a major battle?
YES WE DID!

Come to Kansas-we’re not nuts!

HelpImSurrounded

(558 posts)
9. Let me check the rules
Wed Aug 3, 2022, 06:41 PM
Aug 2022

I think Texas law requires me to make fun of Oklahoma, Arkansas and.... yep, Kansas.

But, yeah, enjoy your day! Kansas win sure brightened mine!

Peacetrain

(24,249 posts)
12. I live in Iowa.. and we are celebrating all the good people of Kansas who turned out!!
Wed Aug 3, 2022, 06:59 PM
Aug 2022

YES YOU DID!! very proud of you guys

Torchlight

(5,920 posts)
4. I think people are celebrating the decision itself rather than a vague potential
Wed Aug 3, 2022, 01:48 PM
Aug 2022

that may or may not happen as we continue the work to achieve full equality for the entire electorate.

While other decisions may arise which further that celebration or temper it, this particular decision has emphatically earned a celebratory tot or two.

PortTack

(35,797 posts)
6. Exactly...the overturning of RvW I highly doubt will last forever. The pendulum that has been
Wed Aug 3, 2022, 01:57 PM
Aug 2022

Swinging right for over a decade is now swinging back to the progressive side. This is the history of our politics

Demsrule86

(71,262 posts)
13. Given the polls, I believe Roe is our ticket to being the third administration that beats the
Wed Aug 3, 2022, 07:01 PM
Aug 2022

midterm history...where a sitting president's party loses the midterm...only twice has this not happened...in 1934 and in 2002. And maybe it will be three times in the fall!

Demsrule86

(71,262 posts)
10. What a doom and gloom post...Kansas was wonderful because it shows where Americans are
Wed Aug 3, 2022, 06:55 PM
Aug 2022

in terms of Roe...your post is unusual to say the least.

 

Sky Jewels

(9,148 posts)
15. Jeez, we NEED to celebrate in order to fortify ourselves to keep going.
Wed Aug 3, 2022, 08:00 PM
Aug 2022

If it's just nonstop doom and gloom, people just throw up their hands and give up.

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