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Abortion rights under siege in Kansas

Published Mar 9, 2005 3:37 PM

An outrage is taking place in Kansas.

Kansas Attorney General Phill Kline, a fierce long-time opponent of women's right to choose, has been secretly investigating two women's health clinics and demanding the complete medical records of 90 women who had undergone abortions. Last October, a local judge upheld his subpoenas and issued a gag order forbidding the clinics from notifying their patients about the investigations into their personal histories.

The situation came to light recently when the two facilities, including the Wichita Women's Health Care Services, submitted legal briefs to the Kansas State Supreme Court stating they would not comply with these subpoenas and turn over the medical records sought. Their briefs accused the attorney general of a "'secret inquisition' and 'fishing expedition' endangering doctor-patient confidentiality and women's constitutional rights." (New York Times, Feb. 25)

Kline claimed to be looking for cases of statutory rape, although the subpoenaed records involve adults as well as youth and go far afield of the abortions, and into the women's personal histories.

On March 3, Kline, an author of the state's restrictive abortion laws, admitted he was investigating the two clinics for performing late-term abortions, and that doctors could be prosecuted for doing so. (New York Times, March 4)

Kansas is one of 31 states that have enacted late-term abortion bans, although it allows the procedures if a woman's health is in danger.

It is a pivotal state in this struggle. Because abortions are not available in 87 percent of U.S. counties, many women must travel to obtain them. Hundreds of women annually go to the Women's Health Care Clinic in Wichita, Kan., one of the clinics under attack and one of the few that provides late-term procedures.

Kline's actions are chilling. If state officials, not doctors, can review medical records to determine if the procedures were "medically necessary," they can then go on to criminally prosecute doctors and clinic providers for performing "unnecessary abortions."

The clinics' legal papers raise the possibility of government agents intrusively appearing at the houses of women who've had abortions, demanding personal information, thus trampling on their legal rights to privacy and due process.

Women's reproductive rights and civil liberties' advocates see a deliberate campaign of harassment and intimidation of doctors and women.

NOW President Kim Grandy explains, "The Kline controversy is just the latest in a series of Bush-emboldened extremist actions by right-wingers--and from Florida to Iowa to California and Kansas, we're seeing unprecedented invasion of our privacy for political ends. This search-and-seizure reflex treats women like 'terrorists' instead of women exercising their constitutional rights." (www.now.org/news)

Kline is following on the heels of former U.S. Attorney General John Ashcroft, who, a year ago, led the Justice Depart ment charge and subpoenaed 900 medical records of women who had undergone abortions at six medical facilities. But a strong public campaign and legal struggle pushed Ashcroft back and the subpoenas were dropped.

NARAL warns of "the most extensive restriction on abortion rights by any state in over 10 years" in Michigan, where a new law goes into effect at the end of this month. Although disguised as a prohibition on late-term procedures, it threatens to ban nearly all abortions, even in the first trimes ter, and even when medically necessary.

The Michigan State Medical Society is against the ban because "it endangers women's health."

(www.plannedparenthood.org)

The ACLU, Center for Reproductive Rights and Planned Parenthood Fede ration of America went to federal court in Michigan in early March on behalf of women's health clinics, doctors and their patients, to try to stop the sweeping abortion ban.

The Bush gang is using the late-term abortions issue as an entryway into banning all types of abortions--their ultimate goal in the war on women's rights. Their anti-reproductive rights stance emboldens the forces seeking to overturn Roe v. Wade, the legal right to abortion, which was won in 1973 through long, hard struggle.

Beginning under Clinton's presidency and increasing during Bush's, legislatures are capitulating to right-wing forces by enacting varied laws restricting abortions. From 1995-2004, 409 anti-abortion restrictions have been enacted. (www.naral.org)

The Bush forces seek to push back all reproductive rights, including birth control, emergency contraception and public school sex education. It is part of their overall attempt to wipe out the political, social and economic gains and rights won through decades of struggle by a broad range of progressive movements.

Pro-choice, health-care and civil liberties' organizations are fighting back against the right-wing attacks on women's rights. They are showing that adamant, forceful opposition in the streets, in the courts and everywhere is the only way to push back the reactionary forces and secure the legal right to abortion.

Any equivocating on the part of politicians, including leaders in the Democratic Party like Hillary Clinton, or any false notion that the ultra-right can be expected to "compromise" on reproductive rights is a dead end. The only way to stop them is united mass action and struggle.