As of today, abortion is effectively banned in the state of Kentucky.
In a landmark decision on June 24, the U.S. Supreme Court has ruled to overturn Roe v. Wade, eliminating the federal protection of a patient's right to decide to terminate a pregnancy.
In the decision on Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito follows the same language and logic written in the leaked draft opinion from May. Alito, part of a right-leaning court, writes that the U.S. Constitution does not explicitly spell out the right to an abortion, an unenumerated right. The decision in Dobbs reverses a nearly 50-year-old right granted by Roe v. Wade.
In Kentucky, the reversal spurred the enactment of a so-called abortion "trigger law." Kentucky is one of 13 states that have such legislation.The 2019 law bans abortions in Kentucky, except in order to prevent the death of or "the serious, permanent impairment of a life-sustaining organ" of a pregnant woman. It does not provide exceptions for abortions in cases of rape or incest.
It also states that any person who performs an abortion or provides medication to terminate a pregnancy can be charged with a Class D felony, which is punishable by up to five years in prison.
Kentucky Attorney General Daniel Cameron, a Republican, applauded the Dobbs ruling in a statement, saying, "This moment deserves to be celebrated, but it also calls for renewed commitment. Renewed commitment to life-affirming care for the unborn, for mothers, and for Kentucky families."
He went on to confirm that the Supreme Court decision allows legislation — like the 2019 trigger law — to take effect immediately.
"Our General Assembly has already passed laws that protect unborn babies and ensure the health and safety of women. We’ve defended many of these pro-life laws in court, but the U.S. Supreme Court’s decisions in Roe and Casey prevented some from taking effect. That changes today," he said.
My statement on today’s U.S. Supreme Court ruling in the Dobbs case: pic.twitter.com/uQ5zme1H1R
— Attorney General Daniel Cameron (@kyoag) June 24, 2022
Kentucky Gov. Andy Beshear spoke out against the ban on social media, calling it "extremist," especially as it ignores victims of rape and incest.
As the former chief prosecutor of Kentucky, I know that these violent crimes happen, and not having options for victims of rape and incest is wrong. ^AB
— Governor Andy Beshear (@GovAndyBeshear) June 24, 2022
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Kentucky Lt. Gov. Jacqueline Coleman agreed, writing on social media: “Today’s Supreme Court ruling means that now in Kentucky, a 12-year-old girl who is raped and impregnated by her father, has no options. It is unconscionable that this extreme, total ban provides no exception for that child or any other survivors of rape or incest."
The ACLU of Kentucky said in a statement that its Louisville-based client, EMW Women’s Surgical Center, has stopped providing care while the group analyzes the court’s opinion. The ACLU of Kentucky also said it plans to file a lawsuit in state court arguing the Kentucky Constitution allows for the legal right to access abortion.
“Whatever shifting barriers anti-abortion judges and politicians put before us, we will never stop fighting for people’s ability to make their own reproduction health care decisions, including whether and when to become parents,” said Heather Gatnarek, ACLU of Kentucky staff attorney. “No one should have the decision to remain pregnant forced upon them, which is what anti-abortion politicians seek to do.”
In a statement, Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawai‘i, Indiana, Kentucky said, “It is my promise to every person in Kentucky that Planned Parenthood will never back down. We will keep fighting with everything we’ve got to ensure that everyone can access the care you need to control your body and your life. I want to be clear: Planned Parenthood will always be here to help you get the care you need.”
Planned Parenthood and EMW Women’s Surgical Center are the only two abortion remaining providers in Kentucky at the time of the decision.
According to an analysis by the pro-choice Guttmacher Institute, Illinois and Virginia will be Kentucky’s only neighbors that are not certain or likely to ban abortion with the overturning of Roe v. Wade. Until legislation is passed otherwise, abortion is currently still legal in Ohio up to 22-weeks gestation.
Josh Wood and Scott Recker from CityBeat sister paper LEO Weekly contributed reporting.
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