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LOUISVILLE — A pregnant woman who wants an abortion is suing in Jefferson Circuit Court to challenge Kentucky laws banning the procedure, the American Civil Liberties Union announced Tuesday.
The plaintiff, identified by the pseudonym Mary Poe in the lawsuit, said in a statement that “ending my pregnancy is the best decision for me and my 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,” Poe said. “This involves trying to take time off work and securing child care, all of which place an enormous burden on me. This is my personal decision, a decision I believe should be mine alone, not one made by anyone else.”
Among others, the lawsuit names as defendants Attorney General Russell Coleman and Cabinet for Health and Family Services Secretary Eric Friedlander.
In a statement, Coleman said, “my position has not changed.”
“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 said. “After listening to prosecutors, crime victims, and my family, I believe the law should be amended to include exceptions for rape and incest in addition to the existing exception for life and health of the mother. This mainstream position is consistent with my faith, and I believe is shared by most Kentuckians, including so many who consider themselves pro-life.”
‘Irreparable harms’
Poe, who is about seven weeks pregnant and lives in Louisville, is asking that the state’s abortion bans be overturned and declared “unconstitutional and unenforceable,” according to the 42-page lawsuit. The court document also states “the bans and the irreparable harms they inflict are an affront to the health and dignity of all Kentuckians.”
The lawsuit also states that “Mary Poe and the other putative and future class members are suffering medical, constitutional, and irreparable harm because they are denied the ability to obtain an abortion.”
Amber Duke, executive director for the ACLU of Kentucky, said in a statement that voters’ rejection of Amendment 2 in 2022 showed “Kentuckians support access to abortion care without government interference.”
That amendment would have stated that there is no right to abortion in the commonwealth’s Constitution.
“While that victory at the ballot box kept an abortion ban out of the state Constitution, this lawsuit, brought by a person actively seeking care, is the next step in overturning the bans currently in place,” Duke said. “We hope for an ultimate victory that aligns with the will of the people and overturns these unconstitutional bans.”
Poe said she wants “to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the health care they need in our community.”
Standing versus merit
Poe’s lawsuit is the fourth challenging Kentucky abortion laws since the United States Supreme Court in 2022 overturned the landmark Roe v. Wade ruling that had protected the right to abortion for almost 50 years. The ruling triggered Kentucky’s ban into effect.
The first challenge, filed by abortion providers, advanced in Jefferson Circuit Court but was rejected on appeal.
Last December, a woman filed a lawsuit similar to the newest challenge, stating she was pregnant and did not wish to be. Within days of filing her lawsuit, though, the pregnancy lost viability and she ended her challenge of the law.
In two cases, Kentucky courts, including the state Supreme Court, have rejected challenges to the ban on grounds that the plaintiffs lacked standing to bring the action; the U.S. Supreme Court has likewise avoided ruling on the merits of abortion bans.
Kentucky’s Supreme Court is changing in makeup after the Nov. 5 election. In January, Appeals Court Judge Pamela Goodwine will succeed Justice Laurance VanMeter, the current chief justice, who did not seek reelection. For the first time, Kentucky’s highest court will be majority female.
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Written by Sarah Ladd. Cross-posted from the Kentucky Lantern.
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