OPINION: Rep. Baker shares take on Constitutional Amendment

Nita Johnson, The Sentinel Echo, London, Ky.
·5 min read

Oct. 7—With the November General Election fast approaching, I am asked pretty frequently about the two proposed constitutional amendments on the ballot in this November's General Election. This week, I thought I might use our update to explain what the second proposed amendment would mean for our Commonwealth if voters approve it.

You may remember that the first constitutional amendment has to do with the legislative calendar. Voting yes would simply give this branch of government more authority to act on the state's behalf — particularly in emergencies like the Covid pandemic or natural disasters like we have seen in eastern and western parts of the commonwealth.

The second proposed amendment simply allows voters to make it clear that the Kentucky Constitution does not include a right to an abortion or taxpayer funding of abortions. While I believe the first proposed amendment can be confusing because of how it had to be written to meet the Supreme Court's standards, I am equally concerned that the second constitutional amendment is being misrepresented by pro-abortion advocates who see this as an opportunity to divide those of us in the pro-life community. Their anti-amendment campaign, funded with almost $2 million in funds from across the nation, portrays the proposal as indifferent to pregnant women whose life is endangered by the pregnancy, or cruel and inhumane to the victims of rape and incest. This is simply untrue. The amendment does not ban abortions, nor does it have anything to do with exceptions, it simply clarifies that there is no constitutional right to abortion on demand.

By now you are aware that the Supreme Court of the United States (SCOTUS) ruling in the Dobbs v. Jackson Women's Health Organization overturned the landmark Roe v. Wade case that paved the way for legalized and protected abortion throughout the nation. The Court's opinion in Dobbs expresses clearly that "There is nothing in the Constitution about abortion, and the Constitution does not implicitly protect the right," as well as "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

Ultimately, the Dobbs ruling means that state legislatures and the people they represent have the authority to pass laws regulating abortion in their states. In preparation for the possible overturn of Roe, the Kentucky General Assembly already approved several pieces of pro-life legislation.

For Kentuckians, the Dobbs ruling had the immediate effect of ending all medically unnecessary abortions. In 2019, the Kentucky General Assembly passed HB 148, which called for an end to abortion in Kentucky upon the overturn of Roe v. Wade. In fact, this law contains an exemption for a licensed physician to perform a medical abortion necessary to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, that law is being challenged by pro-abortion advocates like Planned Parenthood.

Because the Dobbs case speaks only to the United States Constitution, this amendment is needed to ensure a future court does not interpret the Kentucky constitution — which was written at a time when abortion was illegal in our commonwealth — to include the right to abortion. If voters do not approve CA #2, it will eventually end up in the Kentucky Supreme Court where a group of seven judges will make the decision for us.

As I did when sharing about proposed constitutional amendment one, I thought it might be helpful to share some answers to common questions about this proposed amendment.

The U.S. Supreme Court ruled that there is no right to abortion, why do we need this amendment in Kentucky?

The U.S. Supreme Court's ruling addressed the U.S. Constitution and placed the authority for regulating abortions on citizens and their state legislatures. This amendment will ensure that no judge or anyone else falsely interprets the Kentucky Constitution to include a right to abortion or the state funding of an abortion.

Will this amendment ban abortion in Kentucky?

No. Kentucky's duly elected legislature will still be responsible for making laws that regulate abortions.

Why would taxpayer dollars be used to fund abortions?

Since 1976 Congress has included language that prohibits the use of taxpayer dollars to pay for abortions in appropriations bills. However, the provision, commonly referred to as the Hyde Amendment, has been in doubt recently. Kentucky's Constitutional Amendment #2 would ensure that the state's resources are not used to fund abortion procedures.

The amendment appears on the ballot as this question: "Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: 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?"

I understand this is a great deal of information, but it can all be distilled into one question — do you believe that our constitution, which guarantees the right to life, liberty, and the pursuit of happiness — should be open to interpretation to also include the right to an abortion? If your answer is no to this question, then you vote yes for the constitutional amendment and yes for life.

As always, I hope you will feel free to contact me with any questions or issues. I can be reached here at home anytime or through the toll-free message line in Frankfort at 1-800-372-7181. Please feel free to email me at shane.baker@LRC.KY.GOV.