Kentucky’s Abortion-Ban Trigger Law is Under Attack

Gerd Eichmann

In April, the Kentucky State Legislature passed House Bill 3, which restricted abortion practice in the state, banning nearly all abortions and implementing multiple restrictions on abortion providers. Although Democrat Governor Andy Beshear vetoed the bill, the legislature overrode His veto.

When the Supreme Court overturned Roe v. Wade, the Kentucky trigger law went into effect – and the two abortion providers in the state closed their doors.

However, the story doesn’t stop here. Planned Parenthood and EMW Women’s Surgical Center, the two abortion providers in Kentucky, filed suit to nix the abortion ban.

On Wednesday, Jefferson Circuit Court Judge Mitch Perry said he would institute a temporary restraining order on the ban, opting for more time to consider the case. He scheduled another hearing for next week.

“It’s a close call, by the way,” he said at the hearing. “In that sense, I want to wrestle with this. I’m going to try to do it later today or first thing tomorrow.”

The lawsuit challenged the law’s constitutionality, pointing to the “right of self-determination and bodily integrity,” as reported by UPI.

According to the Lexington Herald-Leader, the abortion clinics are taking appointments again at least temporaialy.

Planned Parenthood and the ACLU claimed the injunction as a victory but vowed to continue fighting for the right to abort babies in a statement.

“We’re glad the court recognized the devastation happening in Kentucky and decided to block the commonwealth’s cruel abortion bans. Since the Supreme Court overturned Roe last Friday, numerous Kentuckians have been forced to carry pregnancies against their will or flee their home state in search of essential care. Despite this victory, we know this fight is far from over — especially with politicians like Attorney General Daniel Cameron doing everything they can to score political points at the expense of Kentuckians’ wellbeing. We won’t stop fighting for people’s ability to access the essential abortion care they need in Kentucky. The government should never have the authority to force a person to remain pregnant against their will.”

State Rep. Nancy Tate told the Lexington Herald-Leader, “This General Assembly is the most pro-life in our Commonwealth’s history, and we will continue to advocate for those who have no voice.”

A state referendum is slated for the ballot to amend the state Constitution this fall. It seeks the will of the people asking if the following sentence should be added to the state Constitution: “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to an abortion or require the funding of an abortion.”

On Friday, Attorney General Daniel Cameron said, “No longer will unelected judges make abortion policy for the Commonwealth. Instead, our elected representatives will be able to make public policy that reflects the values of Kentuckians and our deeply held respect for unborn life,”