How one GOP lawmaker is working to add exceptions to Kentucky's abortion ban

FRANKFORT — GOP lawmakers tried to advance bills last year that would create exceptions to Kentucky’s near-total abortion ban. Those measures hit a brick wall, failing to even get committee hearings.

Now, at least one lawmaker is hoping his fellow Republicans have changed their minds after watching the debate about abortion ban exceptions play a key role in Gov. Andy Beshear’s successful gubernatorial campaign last year.

Rep. Ken Fleming, R-Louisville, on Monday introduced House Bill 711, which would allow abortions in the case of rape or incest during the first six weeks of pregnancy, according to a press release.

Fleming attributed his support for the abortion ban exceptions to his two daughters in a statement, saying they were “on (his) mind and in (his) heart.”

“We all encounter difficult heart-wrenching decisions in life,” Fleming said in the statement. “Exceptions for life-saving measures for the mother and in cases involving rape or incest should be included in our state’s abortion law.”

Soon after Beshear’s defeat of then-Attorney General Daniel Cameron in November, Fleming hinted that his party might be more willing to consider such exceptions to the state's abortion law.

“I think it became pretty clear not only in other parts of the United States but also here in Kentucky that there was definitely a message that was sent,” Fleming said in December.

A Beshear campaign ad that drew national attention featured Kentuckian Hadley Duvall sharing her story of getting pregnant at age 12 after being raped by her stepfather as an example of why rape and incest exceptions are needed.

That ad put exceptions to the abortion ban front and center in the race, and Cameron at first said he opposed exceptions for rape and incest before later softening his position.

In addition to exceptions for rape and incest, Fleming's bill would also allow abortions to remove a dead unborn fetus, in the case of an ectopic pregnancy or incomplete miscarriage, or in cases of a lethal fetal anomaly, according to the press release.

But Fleming's proposal is unlikely to satisfy abortion rights advocates.

Planned Parenthood Kentucky State Director Tamarra Wieder said she hasn't yet been able to read the full bill, which was not yet posted online by Monday evening. Based on Fleming’s press release, she has “some deep concerns,” especially about the decision to allow abortions only up to six weeks of pregnancy.

“Many, many times for people, this is when they're just finding out, and for victims of rape and incest, there is a lot of trauma that is coming into play,” Wieder said.

She’s also concerned that rape and incest victims might have to file police reports or other paperwork about the traumatic incidents they’ve faced in order to get an abortion.

“That process also keeps victims from moving forward a lot of times, too, because they're afraid of retribution,” Wieder said. “There's a lot of shame and a lot of stigma with reporting sexual violence.”

More: Kentucky's abortion law: what it says, what it can (and can't) do, how it could change

Fleming’s bill would need to get the approval of first a House committee and then the full chamber before it could advance to the Senate.

Sen. David Yates, D-Louisville, has also filed a bill that would allow abortions in case of rape and incest, along with other reasons. Senate Bill 99 would go much further than Fleming's, allowing abortions up to the point of fetal viability, typically around 23 or 24 weeks of pregnancy. That bill has yet to be assigned to a committee.

Reporter Hannah Pinski contributed to this story.

Reach Rebecca Grapevine at rgrapevine@courier-journal.com or follow her on X, formerly known as Twitter, at @RebGrapevine.

This article originally appeared on Louisville Courier Journal: GOP's Ken Fleming aims to add exceptions to Kentucky abortion ban