New Law on Abortion in Kentucky

The Kentucky State Capitol is located in Frankfort.

Taylor Koch, Editor

Kentucky Lawmakers have decided to put the ‘Kentucky No Right to Abortion in Constitution Amendment’ on the ballot in September of 2022. This new amendment will determine if abortion in the state of Kentucky will be illegal, stating that “…nothing in the state constitution creates a right to abortion or requires government funding for abortion.” If the assembly votes it down, however, the law will not change. 

As of September 2021, abortions are prohibited after the 20-week mark of post-fertilization except in cases of the fetus being in poor physical health. The Kentucky law requires a patient receiving an abortion to receive counseling 24 hours prior to the procedure and minors must have consent from a legal parent or guardian.

So what are the lawmakers’ thoughts on the amendment in Frankfort? The “Yes for Life” campaign is in the lead, having over fifty members in support of it. State Representative, Joseph Fisher said “HB (house bill) 91 simply assures that no Kentucky court will ever be able to fashion an implicit right to abortion from the language of our state Constitution. There will be no Roe vs. Wade decision in Kentucky.” On March 3rd, Attorney General Daniel Cameron spoke on the steps of the capital, also in favor of the state’s right to defend the legislators’ ban against live-dismemberment abortion procedures.  

Protect Kentucky Access is leading the campaign in opposition to the amendment. Kentucky state director of Planned Parenthood Advocates for Kentucky, Tamarra Weider, says that both bodily autonomy and health care are basic human rights. She stated, “…abortion is health care and is a core component of social and economic equality for individuals, their families, and their communities.” Advocates for women’s rights have made their way up to Frankfort to share their opinions on the matter. 

Four states have declared that their constitutions do not secure or protect a right to abortion. Tennessee, the first state to pass the amendment, has led the way for others to join, stating that their policy is to “protect the life of every unborn child from conception until birth.” Alabama, West Virginia, Louisiana, and Arkansas have passed the amendment for their constitution. In August 2022, Kansas voters will decide on a similar amendment banning all abortions and funding by the government for an abortion.

The Kentucky ballot states: 

“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?”