Sign the Petition to Gov. Sam Brownback: Instruct Attorney General’s Office to Immediately Defend Clinic Licensing Law

Please read the petition and sign it in the fields below.

To Gov. Sam Brownback:

We recognize that you are a strong supporter of the pro-life position and we applaud your willingness to publicly advocate for the cause of life. We appreciate that you are a man, not just of word, but of deed, signing legislation that provides strong protections for vulnerable women and their pre-born babies from abuse, injury and death from abortion.

Today, we are asking for your further help.

In 2011, the Kansas Legislature passed SB 36, a law that requires abortion clinics to be licensed and meet certain minimal safety requirements, which was then signed into law by you.

The Kansas Department of Health and Environment developed regulations that would govern abortion clinics for the purpose of ensuring the safety of the public, which were approved in November, 2011, after a term of public input.

The 2011 Kansas clinic licensing law was enjoined by a Shawnee County Court at the request of abortionists challenging the constitutionality of licensing requirements who could not or would not comply with the law. [The case is Hodes, et al v. Moser, et al, Shawnee County Court Case Number: 11C 001298] Because of this and other legal tactics, the law enacted by the Kansas Legislature was never allowed to go into effect.

There has been no legal action on the legal case since August, 2012.

Since signing SB 36 into law, events have occurred that have endangered the public health and safety, which could have been avoided if the law had been in effect.

May 10, 2012: Operation Rescue published a report indicating that complaints had been filed with the Kansas Board of Healing Arts and the Kansas Department of Health and Environment against Aid for Women and abortionist Ronald Yeomans for various violations including:

• Failing to protect patient privacy by improperly discarding patient identifying information and details of medical treatment and conditions, including the date and cost of their abortions.
• Written admissions that the clinic is ill-equipped to handle medical emergencies.
• Admissions that the clinic employs surgical assistants that have no licensing whatsoever.
• Physical evidence of illegal disposal of infectious waste.

Because of the injunction against the 2011 Clinic Licensing Law, the KDHE declined to investigate, noting that they lacked the power to do so as long as the injunction was in place. While an investigation based on Operation Rescue’s complaint remains open and active with the Kansas Board of Healing Arts as of January, 2014, the Aid for Women abortion clinic continues to operate under conditions that are in dangerous non-compliance with the 2011 law’s minimum safety requirements.

April, 2013: An abortion business opened in Wichita, Kansas, that would have been prevented from opening if the Clinic Licensing law was in effect. Out-of-state abortionists with no hospital privileges and little training continue to dangerously provide abortions at the unaccountable South Wind Women’s Center, which is unable to meet continuity of care requirements of the 2011 law. So far, Wichita area hospitals have declined to process South Wind’s hospital privilege applications due to moral objections and/or liability issues posed by out-of-state abortionists who are often not available to provide emergency treatment or follow-up care.

Efforts to inquire of the Attorney General’s office and his representatives involved in the legal defense of the law have been met with further stonewalling and delays.

Whereas the injunction against the 2011 Clinic Licensing law has created a climate where women are at risk from serious standard of care deficiencies at unaccountable Kansas abortion clinics,

We the undersigned, are asking that you instruct the Office of the Attorney General to immediately proceed with whatever steps are necessary to defend the law against the legal challenge in the Shawnee County Court or show cause for why that office has declined its duty to defend the law, which was properly passed by the Legislature and signed into law by the Governor of Kansas.


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Thomas P. Fitterer,

Christine Calderbank,

Please uphold the laws that your citizens have properly and legally voted for. Do not use the courts as a means to create laws without due process or circumvent those laws which are in place!

Gordon & Alene Guthmiller,

David Lee Blair,
Defend "...our posterity...".


Marjorie DeBenedictis,
I am a physician -- abortion in any form is not 'health' care! Doctors who participate in abortion are the bottom of the barrel in the medical community.

Terry Smith,

Robert Bjorklund,
2011 was 3 YEARS ago!!!