Judge makes decision on Kentucky’s abortion ban

LOUISVILLE, Ky. (WKYT) - Abortion will be allowed in Kentucky while the ACLU’s lawsuit over the state’s laws banning abortion is decided.

Kentucky’s trigger law, which was passed in 2019, went into effect immediately when the Supreme Court overturned Roe v. Wade, banning abortions in the state.

The ACLU says the ban violates the state’s constitution. The judge had previously granted the ACLU’s request for a restraining order against the law and the ACLU wanted the judge to continue blocking it.

Attorney General Daniel Cameron’s office wanted the trigger law to take effect while the ACLU’s lawsuit plays out.

The judge’s decision came down Friday morning to grant a temporary injunction. Read the full opinion below.

According to the ruling, the court found a “substantial likelihood that these laws violate the rights to privacy and self-determination.” It says those rights are protected by multiple sections of the state’s constitution.

Cameron is arguing against that, saying Kentucky’s constitution doesn’t protect abortion.

A constitutional amendment on this November’s ballot will allow Kentuckians to decide. Amendment Two asks if groups like the ACLU can use the state constitution to defend the right to choose to have an abortion.

The amendment would not ban abortion. It would make it so that no part of the state constitution could be used to defend it.

The ACLU released this statement about the judge’s decision:

“Once again, the courts have rightly stopped Attorney General Daniel Cameron’s relentless efforts to ban abortion, which would have devastating consequences for Kentuckians. No one should be forced to carry a pregnancy against their will or flee the state to access essential health care. Kentuckians have a right to abortion under the state constitution, and we’ll continue fighting for that right so that every person in the commonwealth can get the care they need.”

Attorney General Daniel Cameron is likely to turn now to the state appeals court. Cameron’s office also released a statement on the ruling:

A Louisville Judge’s decision today to continue halting Kentucky’s Human Life Protection Act and Heartbeat Law is disappointing, and we will seek appellate relief. The Judge’s suggestion that Kentucky’s Constitution contains a right to abortion is not grounded in the text and history of our state’s governing document. We will continue our steadfast defense of these bipartisan laws that represent the Commonwealth’s commitment to the lives of the unborn.

Copyright 2022 WKYT. All rights reserved.