The Kentucky Supreme Court has ruled that the state’s near-total abortion ban can go into effect amid legal challenges.
The ban had been temporarily halted in June by a Louisville Circuit Court Judge, but Kentucky Attorney General Daniel Cameron vowed to fight for the law to be put into place.
On August 1, an appeal’s court determined that the state’s two abortion laws could go into effect and the state’s Supreme Court has now upheld that ruling.
Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU) and the ACLU of Kentucky are challenging the abortion ban and were attempting to get an injunction set in place while their challenge to the law played out in court.
According to a report from The Hill, the Kentucky Supreme Court found that the “circumstances presented” by the challengers “do not rise to the level of extraordinary cause.”
“Make no mistake: abortion bans result in tragic health outcomes and are a form of control over our bodies. Despite this setback, the fight continues,” the organizations said in a joint statement. “We will proceed with our case to restore and protect reproductive freedom in Kentucky. Politicians and the government should never have the authority to force a person to remain pregnant against their will.”
Kentucky was one of the states that had “trigger laws” set in place in the event that the Supreme Court overturned Roe v. Wade. The Human Life Protection Act bans abortions unless the woman is at risk or death or serious permanent injury and the Heartbeat Law, which bans abortions after about six weeks of pregnancy.
There are no exceptions for cases of rape or incest.
Under the Heartbeat Law, an abortionist must do an ultrasound to determine if there is fetal cardiac activity. If there is, which typically occurs around six weeks, an abortion procedure may not take place.
The Human Life Protection Act takes things even further, declaring that performing a prohibited abortion is a Class D felony, but pregnant mothers who receive an abortion are not subject to any criminal liability.
“Under the statute, no person may knowingly cause or aid in the ‘termination of the life of an unborn human being.’ Performing a prohibited abortion is a felony. Pregnant mothers are not subject to any criminal liability,” Attorney General Cameron’s office said of the legislation.
Under this law, abortions are only legal when a licensed doctor determines under “reasonable medical judgment” that the procedure is necessary to protect the life of the mother.
Combined, the two laws create a ban on elective abortions in the state.
Both laws went into effect on June 24, 2022, the date on which the Supreme Court issued its decision in Dobbs.
