Justice Kavanaugh’s concurrence in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 338, 213 L.Ed.2nd 545, 142 S.Ct. 2228 (2022), helpfully categorizes constitutions as “pro-life,” “pro-choice,” or “neutral” with respect to abortion. Right to Life of Kansas, Inc. believes the Kansas Constitution is pro-life. The State of Kansas, however, has litigated as though our constitution is neutral, and this Court has ruled as though it is pro-choice. See Hodes & Nauser, MDs. v. Stanek, 318 Kan. 995, 551 P.3d 62 (2024); Hodes & Nauser, MDs. v. Kobach, 318 Kan. 940, 551 P.3d 37 (2024); Hodes & Nauser, MDs. v. Schmidt, 309 Kan. 610, 440 P.3d 461 (2019) (Hodes I).
On the anniversary of Hodes I, Saturday, April 26, 2025, we will lead the Third Annual Prayer for Life around Capitol Square. Our intention is that God will grant Kansans the grace to accept Section 1 of our Bill of Rights: “Equal rights. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” Following John Locke, we should say, “there cannot be supposed any such Subordination among us, that may Authorize us to destroy one another, as if we were made for one anothers uses [sic].” Two Treatises of Government. 2nd ed, edited by Peter Laslett, Cambridge UP, 289.