Judge reinstates near-total ban on abortions in KY

KY Court of Appeals reversed lower-court’s temporary injunction on abortion
Abortion activists protest outside the Kentucky Capitol building.
Abortion activists protest outside the Kentucky Capitol building.
Published: Aug. 2, 2022 at 1:07 PM EDT
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LOUISVILLE, Ky. (WXIX) - A Kentucky Court of Appeals Judge granted Attorney General Daniel Cameron’s motion to re-instate a near-total abortion ban in the Commonwealth on Aug. 1.

Court of Appeals Judge Larry E. Thompson reversed a Jefferson County Circuit Court’s temporary injunction, making abortions illegal after the first six weeks of pregnancy, mirroring Ohio’s “Human Rights and Heartbeat Protection Act.”

“Today is a devastating day for all Kentuckians,” CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Kentucky and Indiana Rebecca Gibron said. “Abortion is essential health care, and it is irresponsible and dangerous to prevent people from accessing the care they need. Make no mistake – this ban goes beyond abortion.”

MORE: Kentucky’s attorney general asks state’s highest court to enact anti-abortion

The temporary injunction was granted by Judge Mitch Perry after Planned Parenthood, EMW Women’s Surgical Clinic and others filed a lawsuit stating that a trigger-ban is unconstitutional in the Commonwealth on July 22.

“I appreciate the court’s decision to allow Kentucky’s pro-life laws to take effect while we continue to vigorously defend the constitutionality of these important protections for women and unborn children across the Commonwealth,” Cameron said in a Twitter thread.

The SCOTUS decision of Roe v. Wade has made people across the nation wonder how the ruling will affect the usage of contraceptives and parents from various communities.

“It is people with low incomes or without savings – who are more likely to be Black, Latina, and Indigenous due to generations of racist public policies – who will suffer the most,” Spokesperson for Planned Parenthood Alliance Advocates of Kentucky Nicole Erwin said. “It is also people who face substantial barriers to health care, including people in rural areas, LGBTQ communities, people with disabilities, immigrants, and young people, who will be unable to get the care they need.”

According to research by Amanda Stevenson of Duke University found that the annual maternal death rate for women of color in 2021 was at 41.7 percent.

In addition to the ban, Kentucky health-care workers could face up to five years in prison if they perform an abortion past the six-week marker, unless the mother’s life is at risk.

“In life or death situations, pregnant people do not have hours for their cases to be reviewed, re-reviewed, appealed, or decided on,” Erwin said. “Even if a patient is legally entitled to abortion care, they practically may be unable to find a provider and access care. Narrow exemptions are vague, impracticable, and will have a chilling effect that will prevent providers from giving legal and safe care for fear of criminalization and lawsuits.”

Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana and Kentucky said they would help people get care out of state.

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