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Should Mississippi, like Kansas, vote on abortion?

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Should Mississippi, like Kansas, vote on abortion? Would the outcome differ?

In Mississippi, like Kansas, the Supreme Court has said the Constitution provides a right to an abortion.

The Kansas Supreme Court made its ruling in 2019. The Mississippi ruling came in 1998.

In an effort to supersede the Kansas Supreme Court ruling, the Legislature placed on the ballot a proposal to proclaim that the state Constitution does not include abortion rights.

That proposal was defeated Tuesday by Kansas voters by a 59% to 41% margin, meaning abortion remains legal in the state viewed as one of the most conservative in the nation.

Mississippi’s Supreme Court ruling said, โ€œWhile we do not interpret our Constitution as recognizing an explicit right to an abortion, we believe that autonomous bodily integrity is protected under the right to privacy โ€ฆ Protected within the right of autonomous bodily integrity is an implicit right to have an abortion.โ€

There are two ways to reverse that 1998 Supreme Court ruling. The high court in a new case could overturn it. But since there is no abortion case pending before the Supreme Court, it is difficult to ascertain how such a reversal could occur. Another option would be to attempt what Kansas tried to do and amend the Constitution to state explicitly there is no right to an abortion. Like in Kansas, the proposal to amend the Constitution also would require voter approval.

The question then is whether the outcome in Mississippi would be different than in Kansas. Most observers were surprised that the anti-abortion proposal in Kansas was defeated. attorney Rob McDuff, who has defended abortion rights, said he is not so sure the outcome here would be different than in Kansas.

โ€œMississippi is a conservative state in many ways, but a lot of people here believe in the rights of the individual and believe should not dictate a person’s beliefs,โ€ McDuff said. โ€œFor centuries, people have debated and disagreed about the fundamental question of when life begins.”

McDuff continued: โ€œWhen a woman is with the possibility of carrying a pregnancy inside her own body and bearing a child against her will, I think most believe this is a decision for her to make in light of her own beliefs, and perhaps in consultation with her and her doctor and her pastor, and not a decision for the majority of the state Legislature. That is what Mississippians said the last time they were asked this question in 2011, when, by a wide margin, they voted no on an amendment that would have banned abortion for purposes of our state Constitution. I expect the answer would be the same today. Recent polling in Mississippi bears that out.โ€

A recent poll commissioned by the ACLU of Mississippi found 51% opposed the overturning of that provided a national right to an abortion.

In 2012, after Mississippi voters rejected the so-called โ€œpersonhoodโ€ amendment that stated life begins at conception, Speaker Philip Gunn authored a resolution saying abortion was not a constitutional right. That resolution died in the House Constitution Committee. Had it been passed by a two-thirds vote of both legislative chambers and been approved by voters, it would have overturned the 1998 Supreme Court ruling saying the Mississippi Constitution granted the right to an abortion.

Gunn, who was in his first year as speaker in 2012, said recently he did not remember details about the proposal. When asked if the House might take up a similar proposal in the 2023 session, he said, โ€œWe are looking at a lot of things.โ€

Mississippi Gov. Tate Reeves, ignoring the Supreme Court ruling, recently said, โ€œI don’t think we need a constitutional amendment in Mississippi because we have a state statute which speaks to that. The only abortion clinic that operated in our state is now closed, I don’t know that it has to be in the Constitution.โ€

It’s true that laws banning most abortions in the state went into effect when the U.S. Supreme Court overturned the national constitutional right to an abortion in a landmark case from Mississippi. The practical effect of those laws is that abortions are not being performed in Mississippi.

But that 1998 decision hangs out there. At some point, there could be a conflict in the Mississippi judicial system between that constitutional right to an abortion as cited by the and the normally lesser-in-the-eyes of the judiciary laws or statutes.

At the very least, by ignoring that Supreme Court ruling, a precedent is being established in the state that the Mississippi Supreme Court can be โ€” well, ignored.

A simple way to resolve the conflict between state and the Mississippi Constitution is to let the people vote like they did in Kansas.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

News anchor dropped after social media post telling Trump-haters supporting Harris: ‘Stay home, donโ€™t vote’

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www.foxnews.com – – 2024-11-04 11:51:00

SUMMARY: David “Dave” Elliott, a local anchor for in for nearly 40 years, was fired after expressing political views on social . He revealed on Facebook that his termination was due to his political opinions, specifically mentioning a where he advised people not to vote out of hatred for Donald Trump. Elliott characterized his social media posts as satire, distinguishing them from his professional work. He noted that the discussion with his station’s general about his dismissal was brief, and the topic of social media was raised. WLOX’s management declined to comment on the matter.

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Mississippi News

National Women’s March held in Tupelo brings locals together

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www.wcbi.com – Kaleb Green – 2024-11-02 22:19:00

SUMMARY: The Women’s March in , Mississippi, joined national marches advocating for women’s rights, coinciding with in Washington D.C. and other . Organized by Indivisible Northeast Mississippi, the march influential speakers who emphasized the importance of personal autonomy and women’s involvement in societal issues. Participants expressed gratitude for the ‘s significance in a small town, with speakers urging women to fight for their rights and control their own bodies. The message for young women included themes of independence and empowerment, encouraging them to pursue their goals bravely. The Tupelo march was part of a larger movement encompassing similar events in and Hattiesburg.

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Mississippi News

‘Get Out to Vote’ rally encourages citizens to cast their ballots

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www.wcbi.com – Khamari Haymer – 2024-11-02 20:01:00

SUMMARY: Elected in Columbus, Mississippi, are promoting voter participation ahead of election day through a โ€œGet Out to Voteโ€ rally hosted by Representative Kabir Karriem and District Supervisor Leroy Brooks. The provided food and drinks while emphasizing the significance of exercising rights. Karriem stressed the importance of voting, stating every citizen should participate. Brooks, reflecting on the historical struggles for voting rights, underscored that voting should be a natural part of civic engagement. The rally took place in front of the Lowndes County Courthouse, encouraging community members to take action.

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