LEXINGTON, Ky. — A pair of Democratic lawmakers pre-filed a bill this week for the 2022 General Assembly’s regular session to enshrine the right to an abortion in Kentucky.
“It is in the interest of the people of the Commonwealth of Kentucky that all people have access to comprehensive sexual and reproductive health care, including abortion and contraception,” the bill reads. It was filed Wednesday by Louisville Reps. Mary Lou Marzian and Lisa Willner. “Every individual shall have a fundamental right to choose to carry a pregnancy to term, give birth to a child, or terminate a pregnancy prior to the viability of the fetus.”
Though the bill seeks to preserve legal protections under the U.S. Supreme Court landmark 1973 Roe v. Wade decision that legalized abortion nationwide, it’s not likely to gain traction in the Republican-majority General Assembly. Since Republicans took control of both chambers in 2016, they’ve passed a spate of bills intended to restrict abortion access. Last session, lawmakers passed House Bill 91, which would add language to the state’s constitution establishing that there is no guaranteed right to abortion in Kentucky.
“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,” HB 91 reads.
Under HB 91, the constitution would pre-empt any court ruling legalizing abortion in the state, should the conservative-majority U.S. Supreme Court reverse the Roe ruling. Since changes to Kentucky’s constitution require citizen input, residents will vote on the measure in a statewide referendum in November 2022. The governor doesn’t have authority to veto proposed constitutional amendments.
The bill pre-filed on Wednesday would nullify HB 91, which does not include exceptions for abortion if a pregnancy results from sexual assault, or if a pregnant woman’s health is in danger.
Though no other abortion bills have been filed, yet, Democrats are bracing for more bills from Republicans to this end in the 2022 regular session, especially in the wake of a Texas Supreme Court decision earlier this month, which could serve to bolster other Republican-led legislatures seeking to stifle access the medical procedure and increase penalties for those administering it.
The state’s high court upheld a law on Sept. 1, drafted by Texas lawmakers, that bans virtually all abortions in Texas, and as such, many legal scholars say is unconstitutional under the 1973 Roe decision. Under the law, a pregnant patient is barred from getting an abortion after six weeks of pregnancy (when cardiac activity is first detected in an embryo) — a window of time during which many women don’t yet know they’re pregnant. There are no exceptions for rape or incest.
Kentucky lawmakers and former Republican Gov. Matt Bevin passed a similarly restrictive bill in 2019. The “fetal heartbeat law” banned abortions once a fetal heartbeat was detected — again, usually around the sixth week of pregnancy — but legal challenges have kept it from taking effect.
Under the Texas law, just about anyone can sue a provider for performing an abortion outside the six-week window, as well as anyone who aids the abortion, such as a friend or family member who provides financial assistance to pay for the procedure.
“I think it’s inevitable that we’re going to see efforts made here like those in Texas,” Rep. Willner said Wednesday evening. “Making abortion illegal is not what’s going to stop abortion. If we’re honest about the conversation, the way to stop abortion is through comprehensive sex education.”
When asked about the bill’s slim-to-none chances of garnering support from the majority, Willner said, “we cannot give up on women. We cannot give up on the safety of pregnant people in Kentucky. if we’re not speaking up for them, who will?”
Marzian and Willner will announce their bill in a news conference Thursday afternoon alongside members of the American Civil Liberties Union of Kentucky, Planned Parenthood, and the Kentucky Health Justice Network.
