By Michael J. New, University of Alabama

President Obama’s nomination of Kansas Governor Kathleen Sebelius for Secretary of Health and Human Services has set off a firestorm of controversy in Catholic political circles. A number of Catholic organizations, citing Sebelius’ steadfast support for legal abortion and her cozy relationship with notorious late term abortionist George Tiller,  have publicly come out in opposition to her nomination. Sebelius’ own archbishop, Joseph Naumann has expressed concerns about her nomination as well.   However, some progressive Catholic organizations, most notably Catholics United, have come to defense of Sebelius.  Furthermore, instead of shying away from the abortion issue, Catholics United is boldly arguing that Sebelius is functionally pro-life. They argue that the health and welfare policies Sebelius pursued as Governor resulted in a significant abortion decline in Kansas.

However, this abortion reduction argument put forth by Catholics United is problematic for several reasons.  First and foremost, abortion statistics from Kansas are among the least reliable in the country. Between 1979 and 1987 data from the Kansas Department of Health and Environment indicate that the number of abortions performed in Kansas fell by almost 50 percent. Then between 1987 and 1992 the number of abortions suddenly increased by 73 percent. The Kansas Department of Health and Environment states that these sharp fluctuations are partly due to changes in reporting and not the actual incidence of abortion. Furthermore, according to data from the CDC, 40 percent of Kansas abortions are performed on out of state residents, which is one of the highest figures in the country.

Even if one takes the recent Kansas abortion statistics at face value, there still exist problems with the analysis put forth by Catholics United.  Sebelius took office in January 2003. According to the Kansas Department of Health and Environment, the number of abortions did decline by about 7 percent between 2003 and 2007. However, this is consistent with a long term decline in the incidence of abortion in Kansas. Data from the Kansas Department of Health and Environment indicates that the number of abortions declined by 6 percent between 1999 and 2003.

Furthermore, when discussing this abortion decline it is unfortunate, but unsurprising, that Catholics United makes no mention of the Casey style “Women’s Right to Know Bill” which took effect in Kansas in 1997. This bill gives women seeking abortions information on fetal development, health risks involved with abortion, and public and private sources of support for single mothers. My research indicates that these laws have been effective at reducing abortion rates in other states. Furthermore, Catholic United does not mention the increased scrutiny given to late term abortionist George Tiller by both former Attorney General Phill Kline and Operation Rescue.

Furthermore, during her tenure as Governor, Kathleen Sebelius has failed to support a number of policies that would have further reduced abortions in Kansas. Sebelius cut state funding for abortion alternatives, vetoed a bill imposing minimal sanitary standards, on abortion clinics, and vetoed a bill that would have strengthened Kansas’s parental notification law.  More shocking, is Sebelius’ unyielding support for late-term abortions.  She has vetoed a measure that would require explicit medical reasons for late-term abortions and vetoed another measure which would require abortion providers to report the diagnosis which necessitated a post-viability abortion.

Interestingly, in the face of these controversial vetoes, Gov. Sebelius honored late-term abortionist George Tiller, 25 friends and employees of Tiller’s abortion clinic, and Nebraska partial-birth abortionist LeRoy Carhart at the Governor’s mansion in April 2007. Tiller is currently facing criminal prosecution for 19 counts of illegally performing late-term abortions.  His trial is set to begin on mid-March. Overall, these actions provide a far better indication of Sebelius’ views on sanctity of life issues than an incidental abortion decline that occurred under her watch.  Catholics and others who care about sanctity of life issues would do well to oppose her nomination.

Michael J. New is an Assistant Professor of Political Science at the University of Alabama and is a visiting fellow at the Witherspoon Institute.