Abortion illegal in Kentucky thanks to trigger law

Jun. 25—Nearly all abortions were banned in Kentucky on Friday following the U.S. Supreme Court's reversal of Roe v. Wade.

Thanks to the state's so-called trigger law, which was passed in 2019, access to abortion services are now illegal with the narrow exception that permits abortions to prevent the death or permanent injury of a pregnant woman. The law currently does not allow pregnant women to seek abortions in cases of rape or incest.

Kentucky is one of about a dozen states across the country that had trigger laws in place if the U.S. Supreme Court decided to overturn its 1973 landmark decision which established abortion as a constitutional right.

Kentucky's trigger law, House Bill 148, was signed by then Governor Matt Bevin after Republicans won control of the General Assembly in 2016.

Now, because of the trigger law, anybody who performs an abortion or administers medication to terminate pregnancy in Kentucky is guilty of a class D felony, which is punishable by as many as five years in prison. However, the law does state no criminal penalties are to be imposed on a pregnant individual.

For years, Kentucky legislators have enacted legislation seeking to restrict access to abortion.

The state's only two abortion providers, both in Louisville, had already suspended abortions services in April after the legislature imposed new restrictions and reporting requirements on them. If found noncompliant under the restrictions, the clinics could face stiff fines, felony penalties and revocation of physician and facility licenses. According to the clinics, the halt in abortion procedures was due to the fact that legislators had not written clear guidelines on how to comply with the law.

However, abortions resumed after a federal judge temporarily blocked key parts of the law, including a provision banning abortions after 15 weeks of pregnancy.

The U.S. Supreme Court ruled in March that Kentucky's Republican attorney general, Daniel Cameron, can defend the measure that was struck down by lower courts.

In a statement released Friday, Cameron praised the Supreme Court's decision and noted the reversal of Roe v. Wade ushers in "new era."

"Today is a day that many have hoped for—the issue of abortion has been returned to the people and to the states, where it belongs," Cameron's statement began. "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... No longer will unelected judges make abortion policy for the Commonwealth."

Cameron is running for election for Kentucky governor in 2023 and was recently endorsed by former President Donald Trump.

U.S. Sen. Mitch McConnell, a Kentucky Republican considered the architect of the current conservative majority on the Supreme Court, praised the decision in a statement Friday.

"Millions of Americans have spent half a century praying, marching, and working toward today's historic victories for the rule of law and for innocent life. I have been proud to stand with them throughout our long journey and I share their joy today," McConnell said.

Kentucky's Democrat Governor Andy Beshear, who has repeatedly vetoed the state's Republican legislators efforts to limit abortion access, took aim directly at the trigger law's exclusion of access to abortion services for victim's of rape or incest on his Twitter account Friday.

"Today's decision triggers an extremist Kentucky law that creates a total ban in Kentucky that will eliminate all options for victims of rape or 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," the post read.

Now, with the trigger law in place, Kentuckians seeking abortion services will likely have to travel to Virginia or Illinois, an average of 245 miles, according to the Guttmacher Institute. Indiana, Ohio, West Virginia, Tennessee and Missouri already have restrictions or are likely to soon eliminate abortion access, according to the institute.

That's something reproductive rights activists say will have a disproportionate effect on already marginalized populations in the state.

"If abortion is, in fact, outlawed in Kentucky, we know many people will not be able to leave the state to seek care elsewhere, and we know this reality will disproportionately harm people living at or near the poverty line, Black and Brown Kentuckians, and those without the partner, familial, or job support needed to leave the state," Jackie McGranahan, policy strategist for the ACLU of Kentucky, said.

The ACLU of Kentucky said Friday it's client, EMW Women's Surgical Center in Louisville, has ceased providing care but vowed in a statement to continue fighting by filing a case in the state court arguing the Kentucky Constitution allows for the legal right to access abortion.

"The ACLU of Kentucky is bringing everything it has to the fight for abortion access following this devastating ruling," Amber Duke, ACLU of Kentucky interim executive director, said. "We are mobilizing our members, supporters, and volunteers to show up at the statehouse and the ballot box to demand our rights to bodily autonomy."

The ACLU said they are working with several groups in a "multi-pronged strategy to defend abortion access at the ballot box." One group is Protect Kentucky Access, a coalition working directly on informing voters on the proposed amendment declaring there is no right to an abortion in the state constitution on the ballot this November.

In April, Kentucky Secretary of State Michael Adams signed House Bill 91, a proposed constitutional amendment on abortion, during a ceremony attended by pro-life advocates in Frankfort. The legislation states "To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.

Kentucky voters will have a chance to vote yes or no on the constitutional amendment this November.

Two other non-profit groups also announced on Friday they are ramping up efforts to help individuals and families pay for or locate and arrange abortions.

The A Fund, a Louisville-based group, helps low-income women pay for abortions, while Kentucky Health Justice Network, helps patients locate the nearest clinic, schedule appointments and assists with expenses ranging from travel to the procedure itself.

Two rallies for supporters of abortion access, one in Louisville and one in Lexington, are already planned for Friday evening in the wake of the Supreme Court's decision.