Topeka — A resolution requiring Atty. Gen. Carla Stovall to ask the Kansas Supreme Court to declare that life begins at conception was rejected Wednesday by the House.
By a 62-57 vote, the House sent the resolution back to its Federal and State Affairs Committee for review. However, Chairman Doug Mays, R-Topeka, said the measure will not get another hearing.
"It has an uncertain future at this point," Mays said.
Rep. John Toplikar, R-Olathe, said that anti-abortion legislators had hoped that after Stovall had filed her petition with the Supreme Court, the justices would have ruled that life begins at conception and that all abortions are illegal.
"Even if it is an adverse ruling, it is appealable," he said.
Toplikar said the goal was to have the courts rule on the Kansas Constitution's language about the inalienable right to life.
"The framers of the constitution never dreamed of partial-birth abortion or widespread abortions," Toplikar said.
Such a ruling could "make a bad situation worse" for abortion opponents, said Rep. John Edmonds, who made the motion to send the bill to committee.
"An adverse ruling is that life begins at birth," said Edmonds, R-Great Bend. "We are making the presumption that by passing the resolution to have the pro-choice attorney general go to court, it will return a pro-life ruling. How many of you think that is likely to happen?"
Stovall has repeatedly said she would uphold the duties of her office regardless of her personal beliefs.
Rep. Bruce Larkin, R-Baileyville, distributed fliers to the House, outlining other courses of action if Stovall deviated from the House instructions.
"It's always a gamble when you take something to the courts," Larkin said. "But what do we have to lose? We can always appeal. What do we have to gain? If we get favorable ruling, there could be great potential."
Edmonds said he shared Toplikar's view that life begins at conception, but he did not want to risk further damage to the anti-abortion cause.
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