Pregnant KY woman suing the state over abortion bans
Nov 13, 2024
A pregnant woman in Kentucky is suing the state over its abortion bans.The lawsuit, which was filed in Jefferson County Circuit Court on Tuesday, is the latest challenge to the states near-total ban on the procedure. It claims that Kentucky laws blocking abortions violate the plaintiffs constitutional rights to privacy and self-determination.According to the lawsuit, the woman, who is referred to as Mary Poe to protect her privacy, is about seven weeks pregnant. She wants to terminate her pregnancy but cannot legally do so in Kentucky, according to the court documents.On Wednesday, LEX 18 spoke to the American Civil Liberties Union of Kentucky, which is helping Poe with her case."She doesn't want other Kentuckians to have to go through what she is currently going through," said Amber Duke with the ACLU of Kentucky.Duke said Kentucky's near-total trigger abortion ban and its six-week abortion ban leave girls and women in the state with no options."People either have to remain here in Kentucky and remain pregnant against their will," said Duke. "Or, they have to make plans, arrange childcare, take time off from work, find money for travel - to flee the Commonwealth in order to access abortion care."In a statement, Poe said that ending her pregnancy is the best decision for her and her family.I feel overwhelmed and frustrated that I cannot access abortion care here in my own state, and I have started the difficult process of arranging to get care in another state where its legal, she said in the statement issued by the ACLU of Kentucky. This involves trying to take time off work and securing child care, all of which place an enormous burden on me.Defendants in the latest suit include Russell Coleman, Kentuckys Republican attorney general.Its the attorney generals responsibility to defend the laws passed by the General Assembly, and we will zealously work to uphold these laws in court, Coleman said in a statement.The suit was quickly denounced as meritless by David Walls, executive director of The Family Foundation, a conservative group staunchly opposed to abortion.The ACLUs suggestion that the Kentucky Constitution somehow secretly contains a hidden right to terminate the life and stop the beating heart of an unborn human being, despite Kentuckys clear 150-year pro-life history, is absolutely absurd, Walls said in a statement.The suit is seeking class-action status to include others who are or will become pregnant and want the right to have an abortion.The lawsuit is similar to legal action taken nearly a year ago, also by a pregnant woman who sought the right to an abortion in Kentucky. That challenge was dropped after the woman miscarried.In 2022, Kentucky voters rejected a ballot measure that would have denied any constitutional protections for abortion, but abortion rights supporters have made no inroads in the Republican-controlled Legislature at chipping away at the laws.Kentuckys Supreme Court refused last year to halt the near-total ban, resulting in abortion access remaining virtually shut off. Abortion rights groups have searched for plaintiffs to challenge the ban.Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, said Tuesday that bans in Kentucky and elsewhere have wreaked havoc on peoples lives.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, Amiri said in a statement.The plaintiff in the new lawsuit said the decision whether to end her pregnancy should be hers.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, she said.--------------------------The Associated Press contributed to this report.