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Shop NowAnother state side’s with life as Kentucky’s Supreme Court rules that the state’s near-total abortion ban can go into effect even amid legal challenges.
In June a Louisville Circuit Court Judge temporarily stopped the ban from taking effect, but Kentucky Attorney General Daniel Cameron vowed to fight for the law.
On August 1, it was determined by an appeals court that the state’s two abortion laws could go into effect. This past week the state’s Supreme Court has now upheld that ruling.
Liberal organizations such as Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), and the ACLU of Kentucky have banded together to challenge the abortion ban. They are attempting to get an injunction while their challenge to the law plays out in court.
According to The Hill, the Kentucky Supreme Court found that the “circumstances presented” by the challengers “do not rise to the level of extraordinary cause.”
“Make no mistake: abortion bans result in tragic health outcomes and are a form of control over our bodies. Despite this setback, the fight continues,” the liberal organizations said in a joint statement. “We will proceed with our case to restore and protect reproductive freedom in Kentucky. Politicians and the government should never have the authority to force a person to remain pregnant against their will.”
Some states like Kentucky had “trigger laws” in place in the event that the Supreme Court overturned Roe v. Wade. The Human Life Protection Act in Kentucky bans abortions unless the woman is at risk of death or serious permanent injury. The Heartbeat Law bans abortions after about six weeks of pregnancy.
In the Kentucky Laws, there are no exemptions for cases of rape or incest.
The Heartbeat Law also requires an abortionist to perform an ultrasound to determine if there is fetal cardiac activity. If there is then an abortion cannot take place.
Taking it a step further The Human Life Protection Act declares that performing a prohibited abortion is a Class D felony. To be specific it would be the doctor or abortion provider who will bare the consequences but a pregnant mother who receives an abortion will not be subject to any criminal liability.
Attorney General Cameron’s office wrote in a statement that “under the statute, no person may knowingly cause or aid in the ‘termination of the life of an unborn human being.’ Performing a prohibited abortion is a felony. Pregnant mothers are not subject to any criminal liability.”
According to Kentucky laws abortions are now only legal when a licensed doctor determines under “reasonable medical judgment” that the procedure is necessary to protect the life of the mother.
The two laws combine to create a ban on elective abortions in the state.
These laws went into effect on June 24, 2022, the very same day on which the Supreme Court issued its decision in Dobbs.
