The state's Human Life Protection Act was passed in 2019 and took effect in 2022 immediately after the Supreme Court overturned Roe v. Wade in its Dobbs v. Jackson Women's Health Organization decision. It criminalizes all abortions in the state except those deemed necessary to protect the life of the mother. Since it went into effect, abortions in the state have dropped to nearly zero.
The ACLU challenged the law on behalf of a state resident using the pseudonym Mary Poe, claiming that abortion is a "critical component of reproductive healthcare and crucial to the ability of Kentuckians to control their lives." The lawsuit is seeking to restore the right to an abortion in the state.
The suit, filed in the state court in Louisville, claims that Kentucky laws blocking abortions violate the plaintiff's constitutional rights to privacy and self-determination. It asks that both state laws be struck down by a judge in Jefferson County Circuit Court. (Related: Trump says NO to federal abortion ban: States should decide the issue for themselves.)
The suit notes that, at the time of filing, Poe is about seven weeks pregnant. She wants to terminate her pregnancy, but Kentucky is not allowing her to legally do so.
The decision about whether to become or remain pregnant is among the "most personal and consequential decisions a person will make in their lifetime," the suit said. "Without the ability to decide whether to continue a pregnancy, Kentuckians have lost the right to make critical decisions about their health, bodies, lives and futures."
Mary Poe claims getting an abortion is the best decision for her and her family
In a statement made public by Poe's ACLU lawyers, she said that ending her pregnancy is the best decision for her and her family.
"I feel overwhelmed and frustrated that I cannot access abortion care here in my own state, and I have started the difficult process of arranging to get care in another state where it's legal," she said. "This involves trying to take time off work and securing child care, all of which place an enormous burden on me."
Despite already having at least one other child and already having aborted her baby out of state, Poe has maintained her lawsuit, claiming that being forced to travel to get an abortion was far too costly.
Defendants in the lawsuit include Kentucky Attorney General Russell Coleman, whose main duty is to uphold state law and the state constitution.
"It's the attorney general's responsibility to defend the laws passed by the General Assembly, and we will zealously work to uphold these laws in court," Coleman, a Republican, said in a statement.
The lawsuit was heavily criticized by pro-life organizations, including The Family Foundation in Kentucky. David Walls, the group's executive director, said in a statement: "The ACLU's suggestion that the Kentucky Constitution somehow secretly contains a hidden right to terminate the life and stop the beating heart of an unborn human being, despite Kentucky's clear 150-year pro-life history, is absolutely absurd."
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