FRANKFORT, Ky. (KT) – After three months of waiting, the Ky. Supreme Court upheld an earlier appeals court ruling allowing Kentucky’s trigger abortion ban (and a six-week ban) to be enforced and sent the case back to a circuit court where parties will argue over the constitutional merits of the law. The decision drew praise from pro-life groups and disappointment from those challenging the bans in court on Thursday.
Daniel Cameron, the state’s Attorney General, called the opinion a “significant victory.”
“Since the U.S. Supreme Court overruled Roe v. Wade last June, we have vigorously defended Kentucky’s Human Life Protection Act and Heartbeat Law. We are very pleased that Kentucky’s high court has allowed these laws to remain in effect while the case proceeds in circuit court,” Cameron said in a statement. “We will continue to stand up for the unborn by defending these laws.”
Senate President Robert Stivers called the ruling “encouraging.”
“The Senate Majority Caucus is a pro-life caucus and we remain committed to protecting the rights of unborn children,” he said. “I find today’s Supreme Court of Kentucky ruling, all 150 pages of it, to be encouraging. While we continue to pore through it to understand its full impact, I recognize there is still work to be done to continue protecting the innocent lives of unborn children.”
The ACLU, ACLU of Kentucky and Planned Parenthood Federation of America —which jointly represent the two abortion providers who challenged the laws after Roe’s reversal — said the fight for abortion access in Kentucky is not over.
A statement from leaders of all three organizations said: “Once again, the Kentucky Supreme Court failed to protect the health and safety of nearly a million people in the state by refusing to reinstate the lower court order blocking the law. Even after Kentuckians overwhelmingly voted against an anti-abortion ballot measure, abortion remains banned in the state. We are extremely disappointed in today’s decision, but we will never give up the fight to restore bodily autonomy and reproductive freedom in Kentucky.”
The joint press release added that ALCU and Planned Parenthood remain committed to helping Kentuckians access abortion, including finding providers out of state.
Pro-life leaders around the state expressed gratefulness for the high court’s opinion.
“This ruling is good news because it means more lives will be spared as the court case continues,” said Todd Gray, executive director-treasurer of the Kentucky Baptist Convention. “Meanwhile, many of us continue to pray every day that that legalized abortion will be abolished in Kentucky.”
“While we are grateful for this decision, it is a chilling reminder that the Dobbs decision did not resolve the issue,” said Jim Ewing, pastor of Calvert City Baptist Church. “The Kentucky Supreme Court did not resolve it either. This is not a time to let down our guard in our prayers or in our support for our state legislators who are standing up for life. While God remains in control of the affairs of men, we carry the same call give to Ezekiel to ‘stand in the gap’ for life.”
Addia Wuchner, executive director of Kentucky Right to Life, added that “lives will continue to be saved” while the bans keep abortion providers closed.
“But we also clearly understand that … the battle is far from over. We’ll continue to work and pray, as we always have,” Wuchner said.
The news broke while a “Faith & Family Advocacy Day,” sponsored by The Family Foundation, was taking place in the Capitol Rotunda.
Several lawmakers, including Rep. Nancy Tate, R-Brandenburg, praised the ruling but understood the fight wasn’t finished.
“As we know, our mission is not complete. We have so many other issues that are facing us, from conception to natural death, that we need to continue to discern and make sure that the people representing us represent our Christian basis, our Christian beliefs.”
David Walls, executive director of The Family Foundation, also commented on the ruling.
“Kentucky’s Human Life Protection Act and Heartbeat Law are clearly constitutional and must continue to be enforced. Despite pro-abortion challenges that will continue, activist judges must not put their own personal ideologies above the law and infringe upon the will of the people to protect unborn babies,” he said. “There can be no doubt that lives continue to be saved every day that the Human Life Protection Act is enforced and that fact should be celebrated by all Kentuckians.”
Read the Kentucky Supreme Court’s 150-page opinion here.
Friends of Life KY 