Kansas Lawsuit Targets Law Stripping Pregnant Women’s End-of-Life Choices

In a bold challenge to Kansas law, three women and two doctors have filed a lawsuit to overturn a clause in the state’s Natural Death Act that strips pregnant women of their right to make end-of-life medical decisions. This legal battle, launched on Thursday, centers on a provision that invalidates advance directives for pregnant women, forcing them to receive life-sustaining treatment regardless of their wishes if they become incapacitated or terminally ill.

Emma Vernon, who is currently pregnant, is among the plaintiffs. Her advance directive clearly states she only wants life-sustaining care if her child has a reasonable chance of being born healthy and surviving. Yet, Kansas law disregards her wishes, treating her differently from other patients. Alongside Vernon, Abigail Ottaway and Laura Stratton, joined by physicians Michele Bennett and Lynley Holman, argue this clause violates fundamental rights to autonomy, privacy, equal treatment, and free speech.

The lawsuit highlights a stark reality: while all states allow advance directives, nine, including Kansas, nullify them for pregnant women. This forces doctors to provide a lower standard of care to pregnant patients, exposing them to legal and professional risks if they honor their patients’ wishes. The plaintiffs assert that this law not only undermines personal choice but also muddies medical ethics, leaving doctors guessing about their obligations.

Named in the suit are Kansas Attorney General Kris Kobach, Kansas State Board of Healing Arts President Richard Bradbury, and Douglas County District Attorney Dakota Loomis. The case underscores a broader fight for individual rights, as these women and doctors demand equal respect for pregnant women’s medical choices.