Lawmakers passed a new abortion reporting law, but Kansas won't enforce it ahead of trial

Kansas won't enforce a new law requiring abortion providers to ask patients why they are seeking an abortion and report the answers to the government.

The new law went into effect July 1 but has become embroiled in an ongoing lawsuit from abortion providers, and now the state has agreed not to enforce it ahead of a trial next summer.

Jill Bronaugh, a spokesperson for the Kansas Department of Health and Environment, confirmed Friday that the law won't be enforced.

"KDHE has come to an agreement with the Attorney General's Office, the prosecutors and the Board of Healing Arts to not enforce the provisions in HB 2749 while we allow for more time for discovery deadlines and to avoid a temporary injunction, which allows us all to focus on the merits of this case," Bronaugh said in a statement.

Law passed when Legislature overcame governor's veto

The agency previously hadn't confirmed whether the law, House Bill 2749 , was being enforced after it went into effect. It was enacted by the Republican-led Legislature by overriding the veto of Democratic Gov. Laura Kelly in April.

The governor didn't know earlier this month whether her administration was enforcing it. Kelly told reporters on July 9, "I would need to check and see ... but we tend to enforce the laws."

A spokesperson for Attorney General Kris Kobach, who is a defendant in the case, didn't respond last week to an inquiry about whether the law was being enforced.

News of the agreement came out July 18 during a case management conference in Johnson County District Court , where the lawsuit was filed. District Judge K. Christopher Jayaram noted afterward that "parties anticipate agreement regarding enforcement of new statute prior to final judgment."

Jayaram had already temporarily blocked enforcement of other state laws restricting abortion before Kansas legislators passed the new law, prompting providers to amend their ongoing lawsuit to include the new law .

The Center for Reproductive Rights, which is representing abortion providers, said there is not a written agreement yet.

"We are relieved that this intrusive law will not take effect," read a statement from the Center for Reproductive Rights, Planned Parenthood Federation of America and Comprehensive Health of Planned Parenthood Great Plains. "This law would have forced abortion providers to collect deeply personal information — an unjustifiable invasion of patient privacy that has nothing to do with people's health. We will continue to fight for Kansans' fundamental right to abortion free from government interference."

The Alliance Defending Freedom, which is representing the state, did not respond to a request for comment. The organization had supported passage of the new law , saying that it would "help the state assess the need for abortion alternatives and supportive programs for women and their children."

More: How many abortions were performed in Kansas in 2023? KDHE delays report and won't say why.

Discussions among attorneys during the court hearing indicated the agreement was the state does not enforce the law in exchange for the plaintiffs not asking for a preliminary injunction and the court granting more time to prepare for trial, according to Associated Press reporting .

The case is now scheduled for a seven-day trial starting June 23, 2025, but could potentially be resolved sooner, such as through a motion to dismiss set to be argued Sept. 3. The trial had previously been set for February.

More: What did Kansas voters mean when they rejected anti-abortion amendment? Lawmakers disagree

Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd .

This article originally appeared on Topeka Capital-Journal: Lawmakers passed a new abortion reporting law, but Kansas won't enforce it ahead of trial