Pregnant Woman Files Lawsuit to Challenge Kentucky’s Near-Total Abortion Ban

November 14, 2024 — A Kentucky woman has filed a lawsuit seeking to overturn the state’s near-total abortion ban, arguing that the restrictive laws violate her constitutional rights. The lawsuit, submitted Tuesday in a Louisville state court, claims that Kentucky’s abortion bans infringe on the plaintiff’s rights to privacy and personal autonomy. The woman, using the pseudonym Mary Poe, is approximately seven weeks pregnant and wants to terminate her pregnancy, something she is currently barred from doing under state law.

In the suit, Poe’s legal team, including attorneys from the American Civil Liberties Union (ACLU), is asking a judge in Jefferson County Circuit Court to strike down Kentucky’s trigger law and a six-week abortion ban. These laws, enacted by Republican legislative majorities, offer no exceptions for cases of rape or incest, allowing abortion only to save the life of the patient or prevent a disabling injury.

“The decision about whether to become or remain pregnant is among the most personal and consequential decisions a person will make in their lifetime,” the lawsuit argues. Poe expressed that she feels “overwhelmed and frustrated” about being forced to seek abortion care outside her home state, which includes navigating challenges like time off work and securing childcare.

Russell Coleman, Kentucky’s attorney general, is named as a defendant in the suit. Coleman, a Republican, released a statement reiterating his commitment to defending Kentucky’s abortion restrictions: “We will zealously work to uphold these laws in court.”

The suit has drawn sharp criticism from anti-abortion advocates. David Walls, executive director of the Family Foundation, called the lawsuit “meritless” and stated, “The ACLU’s suggestion that the Kentucky Constitution somehow secretly contains a hidden right to terminate the life…of an unborn human being…is absolutely absurd.”

The ACLU’s Brigitte Amiri, deputy director of the Reproductive Freedom Project, described the consequences of abortion bans as severe, saying that “those who can scrape together the resources may be able to travel out of state to get care, but others will be forced to carry their pregnancies to term against their will, often at great cost to their health or lives.”

Kentucky’s Supreme Court previously upheld the abortion ban in response to a similar case, leaving access to abortion severely limited in the state. While Kentucky voters rejected a ballot measure in 2022 that would have explicitly denied constitutional protections for abortion, attempts by abortion rights advocates to modify state laws have made little progress in the Republican-dominated Legislature.

The current lawsuit seeks class-action status to represent others who may face similar circumstances. Poe’s statement on the lawsuit echoes a desire to protect the rights of Kentuckians: “I am bringing this case 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.”

With this legal challenge, the ACLU and abortion rights advocates hope to set a precedent that will allow individuals greater autonomy over their reproductive health decisions, underscoring that the fight over abortion rights in Kentucky is far from over.