Ruling activates Kentucky's 'trigger' law banning abortions immediately

Jun. 25—With the U.S. Supreme Court's 5-4 decision Friday to overturn Roe v. Wade, it not only reversed federally protected abortion rights, but it also triggered a Kentucky bill that ended the practice immediately within the commonwealth.

For Stacey Davis, executive director of Right to Life Owensboro, it was an emotional time after she heard that the federal law had been overturned.

Davis described the ruling as "a great day" for pro-life supporters.

"This is what we've been fighting and praying for, so God is so good," Davis said. "We're definitely just overjoyed. I've cried this morning. And that's just because of all the hard work and diligence that I think not only Right to Life but all the pro-life organizations have been fighting for."

The U.S. Supreme Court's ruling now allows states to decide whether or not to permit abortions.

In 2019, the Kentucky General Assembly passed a "trigger law" that blocks all access to abortion. The law makes no exceptions for rape or incest or for minors seeking abortions.

Only if the pregnant patient faces a "substantial risk of death" can a physician still perform an abortion without risking a Class D felony charge, or "to prevent serious, permanent impairment of a life-sustaining organ."

According to the Guttmacher Institute, a pro-choice research organization, Kentucky is one of 13 states that has a trigger law in place to ban the procedure.

The American Civil Liberties Union of Kentucky is among the groups that plan to challenge the ruling and argue for abortion rights.

Angela Cooper, communications director for ACLU Kentucky, said Louisville was home to the state's only two abortion clinics — EMW Women's Surgical Center and Planned Parenthood. Both Kentucky clinics halted abortions Friday.

"The immediate next step is that the ACLU of Kentucky, and our partners, will file a lawsuit early next week, arguing that there's nothing in the state's constitution that says you can't have an abortion in Kentucky," said Cooper, adding that her organization also represents EMW Women's Surgical Center.

Cooper said neighboring states such as Indiana, Illinois and Ohio still offer abortion services that would be open to Kentuckians.

"Even when abortion was legal in Kentucky, for folks who live in the far eastern parts of the state, it was a hardship to have to travel to Louisville," Cooper said.

Kentucky's governor, Democrat Andy Beshear, said Friday's Supreme Court ruling "triggers an extremist Kentucky law that creates a total ban in Kentucky that will eliminate all options for victims of rape or incest."

The state's attorney general, Republican Daniel Cameron, a candidate for governor, hailed the ruling as "a new era."

"No longer will unelected judges make abortion policy for the Commonwealth. Instead, our elected representatives will be able to make public policy that reflects the values of Kentuckians and our deeply held respect for unborn life," Cameron said in a release Friday.

The decision also brought a joint statement from Kentucky's four Roman Catholic bishops — Most Rev. William F. Medley, bishop of Owensboro, Most Rev. Shelton J. Fabre, archbishop of Louisville, Most Rev. John C. Iffert, Bishop of Covington and Most Rev. John Stowe, OFM, Conv., Bishop of Lexington — who supported the ruling.

"...We affirm that every child is a sacred gift. We know that families may need help in welcoming this gift, through programs and policies that will address the challenges and mitigate the pressure that women may feel in making the decision to seek an abortion," the statement said.

Davis attributed advancements in science that helped the pro-life cause in overturning Roe v. Wade.

"With more science that started coming out, science was starting to back the pro-life point of view," she said. "I did feel like people were waking up; they were learning when ... a baby could feel pain at a certain week. Just as our technology advanced and the more ultrasounds that women were able to get, I thought you know what, 'we might have some ground here.' I always said if wombs had windows, then abortion would be illegal. So now I feel like science has backed this and why abortion is now illegal (in Kentucky)."

Associated Press reporter Dylan Lovan contributed to this report.

Don Wilkins, dwilkins@messenger-inquirer.com, 270-691-7299