Kansas Attorney General Negotiates Secret Attack on Women's Rights

February 25, 2005

"The National Organization for Women condemns the latest action by anti-abortion zealots bent on invading the privacy of women and girls," said NOW President Kim Gandy. "This is outrageous harassment of women and their doctors for base political motives."

The Kansas Attorney General, Phill Kline, is seeking medical records of women—including their name, medical history, sexual history, birth control practices and psychological profiles—from two state abortion clinics as part of an alleged criminal investigation he claims is about sexual abuse of minors.

"If the brief had not been filed publicly, we wouldn't even know that a Kansas court, operating in secret and using a gag rule on the doctors, is demanding the most personal and private information about scores of patients from their physicians," said Gandy. "The court even denied these doctors the right to tell the patients that their records were requested, so the women couldn't even defend themselves and their privacy."

Kline has a pattern of trying to force medical providers to report information about the past sexual history of women. In 2003, his office tried to obtain information about girls younger than 16 who engaged in sexual activity.

"There's obviously no allegation of wrongdoing or criminal behavior by these women—if there were, they'd have the right to know the charges, the right to challenge release of their information, the right to confront their accusers, the right to due process and the right to an attorney," said Gandy. "But these women don't even have basic rights in Kansas. Phill Kline should be impeached for gross misuse of his office and abuse of public trust."

Through their enforcement of the USA Patriot Act, the Bush administration has created an atmosphere where elected officials believe it is appropriate to act secretively, without regard to due process, trampling on our rights and liberties.

"In this post-Ashcroft era, we're seeing the most extreme actions taken by elected officials," said Gandy. "These women are being treated like terrorists instead of women exercising their constitutional rights. This climate of fear, harassment and secrecy must end now."

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