A pregnant woman in Kentucky has filed a lawsuit challenging the state’s near-total abortion ban, reigniting the debate over reproductive rights in the state.
At a Glance
- Mary Poe, a pseudonym, is suing Kentucky over its restrictive abortion laws
- The lawsuit challenges the state’s trigger law and six-week abortion ban
- Poe argues the bans violate constitutional rights to privacy and self-determination
- The case seeks class-action status to include others wanting abortion access
- Kentucky’s Attorney General vows to defend the state’s laws in court
A Constitutional Challenge
Mary Poe, a pseudonym for a seven-week pregnant woman in Kentucky, has launched a legal battle against the state’s stringent abortion laws. The lawsuit, filed with support from the American Civil Liberties Union (ACLU), targets Kentucky’s trigger law and six-week abortion ban, both enacted after the Supreme Court’s decision to overturn Roe v. Wade in 2022.
Poe’s legal team argues that these laws infringe upon constitutional rights to privacy and self-determination. The trigger law, which went into effect post-Roe, allows abortions only in cases where the mother’s life is at risk or to prevent disabling injury. This restrictive measure has left Poe unable to terminate her pregnancy legally within Kentucky.
Pregnant woman sues Kentucky over state's near-total abortion ban https://t.co/dJLCZQzrF6
— Just the News (@JustTheNews) November 13, 2024
The Burden of Restricted Access
The lawsuit highlights the challenges faced by women seeking abortions in Kentucky. Poe describes the situation as an “enormous burden,” emphasizing the difficulties of traveling out of state for the procedure. This sentiment echoes concerns raised by abortion rights advocates about the impact of such restrictive laws on women’s health and autonomy.
“Without the ability to decide whether to continue a pregnancy, Kentuckians have lost the right to make critical decisions about their health, bodies, lives and futures,” Poe said.
The case seeks class-action status, aiming to represent other Kentucky residents who desire access to abortion services. This move underscores the broader implications of the lawsuit for reproductive rights within the state.
Legal and Political Landscape
Kentucky’s Republican Attorney General, Russell Coleman, has been named as a defendant in the lawsuit. Coleman has expressed his commitment to defending the state’s laws, stating, “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.”
This legal challenge comes in the wake of Kentucky voters rejecting a 2022 ballot measure that would have denied constitutional protections for abortion. Despite this outcome, the state legislature, dominated by Republicans, has not made changes to the existing abortion laws. The Kentucky Supreme Court previously upheld the near-total ban, maintaining restricted access to abortion services in the state.
BREAKING: We’re challenging Kentucky’s abortion bans on behalf of a pregnant woman seeking abortion care.
The bans violate our client’s right to self-determination and privacy, as guaranteed in the Kentucky Constitution.
— ACLU (@ACLU) November 12, 2024
As the fourth challenge to Kentucky’s abortion laws since the overturning of Roe v. Wade, Poe’s lawsuit faces an uphill battle. Let’s see where this goes.
