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Kansas legislature

Kansas Legislature

ACLU argues Kansas abortion insurance law is discriminatory

December 8, 2011

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— The American Civil Liberties Union told a federal judge that a Kansas statute restricting abortion insurance coverage discriminates against women.

Documents filed Wednesday by the ACLU contend the state law violates the Equal Protection Clause because it prohibits insurance companies from offering women comprehensive policies for all their health care needs.

The argument comes amid efforts by Kansas to bar that claim in a lawsuit challenging the new law's constitutionality.

The filing comes in response to a motion by the state seeking a partial judgment before trial on the lawsuit. The state contends it has a rational basis to prefer that insurance policies subsidize the costs of childbirth, but not abortion.

The ACLU contends that the law is not "rationally related" to a legitimate state interest in childbirth.

Comments

2 years, 11 months ago

In Kansas, The Guv equates "rationally related" to faith-based or grounded in theocratic dogma.

Ya know, The Guv should really stop doing things like this. Otherwise God is going to get PO'd and she's going to come down and let him have it.

Sunny Parker 2 years, 11 months ago

Abortion discriminates against children!

Cait McKnelly 2 years, 11 months ago

Actually, it discriminates for children. Forced childbirth by 12 year old girls and making them bear their rapist's child is a horrible thing.

lunacydetector 2 years, 11 months ago

such a small percentage (5%) of abortions are for rape, and from a study i read women feel the effects of the abortion aftermath far stronger than the rape itself.

tankertruck 2 years, 11 months ago

Is this the article you're referring to: http://www.huffingtonpost.com/2011/12/09/abortion-mental-health_n_1138545.html?

Because the idea that having an abortion creates a lasting/devastating/negative emotional reaction is a myth that has been debunked by a number of scientific studies.

There is simply NO LINK between having an abortion and any emotional affects on average. That is not to say an individual woman wouldn't have some reaction or regret, but make no mistake, this is not equal to having a "lasting" impact. Additionally, she would be the exception, not the norm.

The idea behind choice is that it is an individual decision of personal autonomy. We who advocate for choice don't need it to be a black and white issue. You can get an abortion, or you don't have to. You might get an abortion and feel regret; you may decide not to an feel regret. You might get an abortion and feel that it was the best personal decision you could have made at the time; you might get an abortion and feel that it was a mistake, in hindsight. The problem with anti-choice people is that they need THEIR beliefs to apply to all, whether or not those who are being subjected to those beliefs agree. Once AGAIN anti-abortion activists try to force their own agenda on the whole.

kansanjayhawk 2 years, 11 months ago

But doing violence to the unborn child does not make the rape better or make it go away. Violence creates a climate for more violence we need a community of love and caring that welcomes each child into the world!

jafs 2 years, 11 months ago

How many women who've been raped have you talked with to arrive at that conclusion?

kansanjayhawk 2 years, 11 months ago

Premium payers should not be forced to pay for abortions.

tankertruck 2 years, 11 months ago

Taxpayers shouldn't have to pay for Bush-era faith-based initiatives, but we do. It's part of being a member of a society, sometimes you get what you want, sometimes you don't.

BUT, it's discriminatory to not provide coverage that only effects a portion of the population, based on that characterizing trait.

mcmandy 2 years, 11 months ago

Do you have a link/title/author/sponsor for this study? I find the bit about women feeling the effects of abortion than rape extremely hard to believe. If there is an actually a legitimate study that concludes this, however, I'd very much like to read it.

mcmandy 2 years, 11 months ago

So sorry....I was trying to post in response to lunacydetector. More coffee....

lunacydetector 2 years, 11 months ago

Rather than mitigating the original shock of the attack, abortion compounds it. A study done at the University of British Columbia's Department of Psychiatry, as reported in the March 3, 1978, issue of Psychiatric News, a publication of the American Psychiatric Association, showed that abortion often exacerbates a woman's psychological stress. That study concluded in part: "Whatever may be the case at the conscious level, at a much deeper level abortion is regarded by many women as infanticide." perhaps abortion advocates have used the rape and incest exceptions as a smokescreen.

a study by the alan guttmacher institue said 1% of abortions were for rape.

mcmandy 2 years, 11 months ago

Thanks! I'm going to look that up. I'm curious to see whether these findings were regarding abortions stemming from rape, or abortions vs. rape in general. Their data collection methods should be interesting to look over too. Darn...the semester is not even over and I already have something to research over break!

deec 2 years, 11 months ago

I can't find the study, just numerous references to it on right to life sites. Can you provide a link?

kansanjayhawk 2 years, 11 months ago

A Statement from a very, very, liberal organization. It does not take into account the traditional values and respect for life that have been a part of our Judeo/Christian heritage. The APA takes very liberal positions on a great many issues making it clear that the have a bias.

thebigspoon 2 years, 11 months ago

At least it is a statement that says something backed up with figures, rather than a bald-faced attemt at making one's osition tenable by quoting a study nobody can find. Stilll waiting for your link.

tankertruck 2 years, 11 months ago

You mean traditional values and respect for life that have been a part of our Judeo/Christian heritage, but that absolutely have no effect on whether or not a woman chooses to end a pregnancy?

Another factual greatest hit: http://www.msnbc.msn.com/id/21255186/ns/health-womens_health/#.TuezVlawWAI

Time & time again, it has been proven that where abortion is illegal, it's no less prevalent. It is discrimination to refuse to provide coverage for abortions. ONLY women suffer the consequences of an unwanted pregnancy, so comprehensive (including abortion) coverage should be available.

KULawrence 2 years, 11 months ago

It is discriminatory. It discriminates against ending the life of those about to be born for no other reason that because a mother decides her child's live is less important than some other personal priority.

kansanjayhawk 2 years, 11 months ago

Abortion is the brutal violation of the human rights of each unborn child. The law should once again affirm and protect the lives of the little unborn children in the womb. America should once more respect life!

jafs 2 years, 11 months ago

Does any of the various other points of view, and facts/evidence that are provided to you make any impact at all in your thinking, or do you just keep thinking/saying the same things over and over again?

I say again if you "respect life", you should be against the death penalty and anti-war.

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