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In mid-2022, Kentucky was one of the fastest states to outlaw abortion on the heels of the U.S. Supreme Court reversed its landmark 1973 decision, thanks to a preemptive state law enacted...
Mar 13, 2024 · Kentucky voters turned out in 2022 to protect abortion rights—but the state ban has remained in place, with devastating consequences for those receiving and providing reproductive healthcare.
- Emilia Dominguez
Abortion, Care, Crime. The moral problem of abortion is of a pre religious nature because the genetic code is written in a person at the moment of conception. A human being is there. I separate the topic of abortion from any specifically religious notions. It is a scientific problem.
- Restrictions
- State Protections
- Post-Roe Prohibitions
- Conclusion
On June 24, 2022, Kentucky began enforcing its trigger ban, which prohibits abortion at all stages of pregnancy,Ky. Rev. Stat. § 311.772. Governor Andy Beshear (@GovAndyBeshear), Twitter (June 24, 2022, 10:41 AM), https://twitter.com/GovAndyBeshear/status/1540344257814437888?s=20&t=v1z2jYk2jfRQZYbmv1rktg. following the U.S. Supreme Court’s decision...
Kentucky law does not include express constitutional or statutory protections for abortion. To the contrary, Kentucky’s policy preference is to ban abortion to the fullest extent of the law: “Children, whether born or unborn, are the greatest natural resource in the Commonwealth of Kentucky.”H.R. 96, 152nd Gen. Assemb., Reg. Sess. (Ky. 2018).
In 2019, Kentucky enacted a trigger ban,KY. REV. STAT. § 311.772. which is currently in effect.EMW Women’s Surgical Ctr., P.S.C. v. Cameron, No. 2022-CA-0906-I (Ky. Ct. App., Aug. 1, 2022). The state repealed its pre-Roe ban in 1974.1974 Ky. Acts 487, 889 (“KRS 435.040 and 436.020 are repealed.”).
Now that the Supreme Court has overturned Roe, Kentucky is enforcing its trigger ban. However, in November 2022, voters rejected Prop 2, which would have specified that the state constitution does not protect abortion rights.
Jan 9, 2024 · Louisville Democratic Sen. David Yates is set to introduce a bill that would add several exceptions including rape and incest to Kentucky’s ban on abortion, which currently only allows abortion if there’s a life-threatening health risk to the pregnant patient.
- Sylvia Goodman
Apr 13, 2022 · Kentucky effectively suspended legal abortion access on Wednesday as the legislature enacted a sweeping anti-abortion law that took effect right away and forces providers to stop...
While the contours of a relaxed application of the Clause may become clearer in future litigation, this could mean that AB 1242 may be better able (as compared to AB 1666 or other state laws targeting civil judgments) to take advantage of recognized exceptions to the Clause—the penal law exception and the public policy exception.
