Amendment 2 is the democratic process at work to preserve the democratic process: Opinion
An article in the Louisville Courier Journal says "Kentucky GOP poised to expand supermajority, but Democratic hopes hinge on one factor." So what is that one factor? According to some Democratic strategists, it's abortion rights. In the wake of the US Supreme Court's Dobb's decision, which turned abortion policy over to the states, some believe that abortion could be the issue that turns some of the races in the Democratic column on the ballot this election. But is that realistic?
In light of recent elections, the answer is no. Republicans won control of the Kentucky House in 2016, largely because state Democrats have veered to the left on social issues, including abortion policy. Since 2016, the GOP legislature has enacted 13 pro life laws, including chemical abortion restrictions, the heartbeat bill and a ban on late-term dismemberment abortions. If these bills were so controversial why have Kentucky voters continued to increase the Republican majority? They hold 75 out of 100 seats in the state House and 30 out of 38 seats in the state Senate?
More:You get to decide whether to ban abortion on Election Day. What to know on KY Amendment 2
Liberalizing abortion policy may play well in Kentucky's largest cities of Lexington and Louisville, but across the commonwealth most voters are in favor of protecting the unborn and their right to life. That's one reason why Kentuckians voted for Donald Trump in 2020 by a huge margin even after Trump appointed justices to the U.S. Supreme Court who were pivotal to overturning Roe v. Wade. Yet, Democrats are doubling down and making the 2022 election a referendum abortion rights. And they've gotten a lot of outside help.
More:Anti-abortion legislators allege 'massive misinformation campaign' on Kentucky amendment
Protect Kentucky Access has raised and spent nearly $5,000,000 to defeat Amendment 2 which says "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." Even though it is meant to keep state judges from inventing a right to abortion or to find a right to the state funding of abortion, the opposition has claimed it will ban all abortions and keep women from getting medical care for ectopic pregnancy or miscarriage. Of course, according to the plain language of the measure it will do nothing of the sort.
Protect Kentucky Access has been largely funded by the ACLU and Planned Parenthood affiliates from across the country. According to the Oct. 12 Kentucky Registry of Election Finance, 45% of PKA's budget came from Planned Parenthood affiliates from across the nation and the ACLU in New York. Both groups profit handsomely from liberalized abortion policy. The ACLU successfully challenges abortion laws and when successful, wins state reimbursements for their legal costs. According to Planned Parenthood's 2020-2021 annual report, they received a minimum of $191 million for the 383,000 abortions they performed in 2020. Should Amendment 2 fail, and a state judge strike down pro-life protections, Kentucky could become an abortion mecca for surrounding states that have restricted abortion on demand. It's probable that abortion centers to pop up in Hopkinsville, Bowling Green and Ashland.
The only way Protect Kentucky Access and their out of state allies can achieve that is through misinformation and scare tactics. A provocative mailer by Protect Kentucky Access shows politicians looming over a sad pregnant woman with her head down. On the other side it has several hands reaching over her and says "Amendment 2 in Kentucky is government overreach, which will ban all abortion including in cases of rape, incest and to save the mothers life." It goes on to say that politicians will impose their personal beliefs on all Kentuckians." This false ad scares voters, and may be effective, but it does little to advance important public policy.
I received a text message from Access for All, which said "Extreme Amendment 2 will lead to a total ban on abortion in Kentucky with no exceptions. Will you vote no on 11/8?" Such inflammatory language is long on the emotion but does nothing for the truth. There is not a total ban on abortion in Kentucky (there is an exception to save the mother's life). And the only thing extreme is that the groups trying to defeat Amendment 2—the ACLU and Planned Parenthood in particular, have also been in court trying to strike down bans on live dismemberment abortions and other late-term abortion restrictions.
The goal of Amendment 2 is to keep state judges from finding a right to abortion in the Kentucky Constitution. It doesn't ban any specific abortion. It doesn't address heartbreaking circumstance of conception. Nor does it negate medical help a woman needs in life-threatening pregnancy. Passage of Amendment 2 preserves the right of the legislature to craft laws— laws that invite the public participation and input.
Amendment 2 is a prime example of the democratic process at work in order to preserve the democratic process. This is because it prevents cloistered judges from enacting major public policy decisions and short-circuiting the policy making process. This is precisely why Amendment 2 needs to pass: we do not want a state level Roe v. Wade, followed by years of litigation, contentious debate, and grievances carried over from election to election. If Amendment 2 passes, perhaps Kentucky's Democratic party will reject the idea that terminating unborn human is the policy position upon which it pins its electoral hope.
Richard Nelson is the founder and executive director of the Commonwealth Policy Center. He currently serves on the Kentucky Council on Postsecondary Education, Hopkinsville Community College Board, Kentucky Council on Environmental Education, and Pennyrile Christian Community Board. He served on the Trigg County Fiscal Court as magistrate from 2011-2014.
This article originally appeared on Louisville Courier Journal: Abortion: Amendment 2 is the democratic process at work. Vote 'Yes'
