LEXINGTON, Ky. _ The Kentucky House of Representatives on Tuesday passed two anti-abortion bills, one of which could rescind Kentuckians' constitutional right to the medical procedure.
House Bill 67, by Republican state Rep. Joseph Fischer, would take state abortion restrictions to a historically restrictive level by enshrining in the state constitution that Kentuckians have no right to obtain an abortion if the U.S. Supreme Court overturns Roe v. Wade. When it was approved in committee last month, Fischer called it "the most consequential change to our constitution since 1891."
House Bill 451, from Republican state Rep. Stan Lee, would codify existing powers and "statutory duties" of the attorney general as the state's chief law enforcement officer to enforce violations of the state's abortion laws. Specifically, it would broaden the attorney general's authority to seek civil and criminal penalties for all abortion law violators, beyond just seeking injunctive relief.
This pair of bills are two of at least seven before this General Assembly to further tighten Kentucky's already stringent laws dictating abortion access. Another that could receive a vote in the Senate soon is Senate Bill 90, from Republican state Sen. Steve Meredith. It would create a "conscience" exemption for health care providers, giving anyone with a "religious, moral, ethical or philosophical" belief the chance to opt out of administering care without retribution and limit one's liability for doing so.
On the House floor Tuesday afternoon, Lee said his bill "simply allows the attorney general to step in and act as a special prosecutor as his office does all over the state currently in any number of cases."
But state Rep. Mary Lou Marzian, a Democrat, called it a "power grab piece of legislation," saying Kentucky women "do not need a special prosecutor to come at them for myriad reasons that will, in the end, be very political ones ... not connected to our health."
"I understand that some people don't believe that Kentucky women need a special prosecutor," Lee said in response. "I will say that, statistically, at least half of these unborn babies that are killed, those little ladies need a special prosecutor."
Fischer on the House floor shortly after said his amendment, in conjunction with last session's House Bill 148 from Fischer, which will make it illegal to perform an abortion in Kentucky if the U.S. Supreme Court overturns or alters Roe v. Wade, "will finally end the legal slaughter of unborn children in Kentucky."
Fischer's proposed constitutional amendment would require voter approval before it's passed into law, and, if approved by the full Senate, could be put to voters in a November referendum, where they would be asked to agree with the proposed amendment: "To protect human life, nothing in this Constitution shall be construed to secure or protect a right to an abortion or require the funding of abortion."
Passage of his constitutional amendment, Fischer said, transfers the regulation of abortion away from the courts and vests it "permanently and exclusively with the General Assembly."
But Democratic opponents said the bill disenfranchises women by forcing them to remain pregnant against their will, and further exaggerates socioeconomic disparities in women's health care.
"Here we go with another arrogant, patronizing piece of legislation to basically say that our women can't think for themselves," Marzian said.
"Legalizing abortion doesn't do anything but make it safe," Democratic state Rep. Maria Sirolis said. "What this will do is once again make a divide between the haves and have nots."
The passage of Roe v. Wade, Sirolis said, "recognized as a reality that women in America have the same rights as men," that "we have control over our bodies just as men do ... and that includes the ability to become pregnant or not become pregnant."
Rep. Patti Minter, a Democrat, called Fischer's bill "blatantly unconstitutional" and a "grave violation of individual liberty."
Fischer's bill leaves no exceptions for "victims of rape, for those who have survived incest, (or) to save the life of the mother." To pass such an amendment, she said, is "exceptionally cruel."
The House passed Lee's bill 70-23, and passed Fischer's constitutional amendment, 71-21.
Both now head to Senate committees.
