Kenya Approves Constitution Containing Pro-Abortion Language

In voting that proceeded without violence, Kenyans approved a new constitution by nearly 70%.  However, Pro-Life advocates across the world recognize that this new constitution will drastically change the abortion law in Kenya.

Kenyais an overwhelmingly Pro-Life nation according to both public opinion polls and their current laws: abortion can be performed only if two medical doctors determine that an abortion is necessary to save the life of the mother.  Now, included in the language of this new constitution, Kenyans will have access to abortion-on-demand.  The new law will allow abortion if, in the “opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.”  The inclusion of the mother’s health is generally interpreted so broadly that abortion will be essentially legal for any reason.

Even more troubling than this new language being forced upon a Pro-Life nation is the fact that the Obama administration has been involved in funding groups that have been promoting it.  U.S. Congressman Chris Smith has pointed out that the administration has spent at least $23 million to ease passage.  He questioned the legality:

In the run up to the August 4 referendum on the constitution—just like any other election—the United States and other interested parties have a profoundly important, but narrow role to play.  And that is to ensure to the greatest extent possible that the referendum is free, fair, and peaceful.  Under no circumstances should the U.S. government take sides by supporting, facilitating, and funding projects designed to identify and motivate votes for either side.  Yet that is precisely what the Obama Administration has done.  And because the proposed constitution significantly alters existing abortion law in Kenya, expending U.S. taxpayer funds used in support of the 'Yes' campaign is also illegal. 

Terrence McKeegan, vice president and senior counsel at the Catholic Family & Human Rights Institute, told National Review Online’s Kathy Lopez that on a recent trip to Kenya, “Biden literally promised millions of dollars in new aid if the people only voted for the new constitution.”  McKeegan added:

Many of the groups receiving U.S. funds have been promoting a yes vote, and some are openly pro-abortion groups, such as Development Alternatives, which received $3 million dollars and has openly supported ‘advocating for efforts to eventually legalize abortion in Kenya.’

In every place where a broad exception for the health of the mother has been allowed, abortion on demand has resulted.  This is because the pro-abortion NGOs [non-governmental organizations] like Planned Parenthood that help to draft this language have been very successful in pushing the idea that there is a right to maternal health—even where the life of the mother is not threatened in any way—that supersedes the unborn child’s right to life.