In the last 299 days, there have been no abortions in Commonwealth of Kentucky — except when medically necessary to protect the life of the mother.

Let’s face it folks, when you can no longer profit from taking innocent lives, close the doors and it is time to move on. EMW is doing just that!

Photo from KentuckyToday.com website.

Prior to the overturning of Roe on June 24, 2022, and the KY Court’s ruling on August 1, 2022, EMW Women’s Surgical Center was in the business of ending lives… and they have ended the lives of SO MANY babies as the primary abortion clinic serving the city of Louisville, the state of Kentucky and a six-state region since 1981.

But, since 1981 on any day EMW’s doors were open, faithful advocates for the unborn prayed, held signs, offered booklets, and sidewalk counselors would come alongside the women, sharing words of support and other options to consider, often directing them to local pregnancy care centers.

For years Kentucky Right to Life and our members, faithful ProLife advocates and prayer warriors have stormed Heaven for those who had no voice.

We waited, trusted, and advocated that one day we would see EMW shut down. Well, that day has come!

For 50 years, Kentucky Right to Life has worked to help elect candidates for public office who were committed to be “ProLife lawmakers”. Once elected, KRTL and other groups worked tirelessly with these legislators to draft and pass laws that recognized preborn babies as human beings deserving of legal protection.

Since 2017, over 18 ProLife laws were passed! Most were challenged in the courts. The ‘Trigger’ law passed in 2019, affirmed that if Roe were overturned, abortion in Kentucky would end.

Then something just short of a miracle occurred... In 2019 the citizens of Kentucky elected Daniel Cameron as Attorney General. AG Cameron assembled his team, “the best of the best” extremely talented attorneys, many who served with Matt Bevin.

Over the last three years, General Cameron, Solicitor General Matt Kuhn, Chris Thacker and the entire team have defended Kentucky’s ProLife laws in the Jefferson and Franklin County Courts, the US Court of Appeals, and the Supreme Court of the United States.

Time and time again, they have demonstrated their ability to critically analyze the situation and to create a plan of action to win in the Courts. Their dedication and skill are why today we are witnessing the sale of EMW Abortion Clinic!

Yes, we know that Planned Parenthood still stands, but optimism is in the air. Thank you ProLifers! Let’s continue to pray and stand against abortion.

Today is day 280 since August 1, 2022— the last day abortion facilities in Kentucky were open. In fact, it is nine months, seven days past August 1, 2022! June 24, 2022, the day Roe v. Wade was oveturned, was 317 days ago.

Think about it ProLife Friends, and join us as we thank Heaven… Mothers scheduled for abortions on August 2, 2022 – by now those babies would be born and taken their first breath.

Of course, we know woman may elect to travel out of state to have an abortion, but how many babies know life? How many precious lives have been saved since August 2, 2022?

But Kentucky Right to Life, the Attorney General of Kentucky and our KRTL legal team are still in the Courts defending Kentucky laws and defending LIFE.

Following is an update on the three ProLife matters pending in the Courts.

1. HB 3 - United States Sixth Circuit Court of Appeals, Cincinnati
2. Kentucky Trigger Law - Louisville Circuit Court, Division 3
3. Buffer Zone - U.S. Western District Court, Louisville

1 First date in court - June 15, 2023, 9 AM, Cincinnati Court of Appeals

HB3, the ‘omnibus pro-life bill’ Humanity in Healthcare Act that became law in 2022, will be further litigated. Aspects of its requirements have been challenged by plaintiffs EMW and Planned Parenthood. Please watch for more news about this upcoming hearing. Pray for pro-life law to be upheld and protected. For background on this litigation, see this article list.

2 Next date in court - June 28, 2023, Time TBA, Judge Perry Louisville Circuit Court

We’ll call this one the “KSC (Kentucky Supreme Court) case.”

Briefly, the case was on appeal from Judge Mitch Perry, to ask the KSC to overrule the KY Appeals Court decision to ‘stay’ his order to reopen the abortion clinics. A sizable list of articles about this litigation is on this Forum for anyone who wants to follow the timeline.

A Status hearing to follow up on the February 16 (2023) KSC 150-page ruling was held in Judge Perry’s Jefferson Circuit Court on Monday, April 24th. The KSC ruling stated that the abortion clinics did not have standing to bring their case:

After thorough review, we hold that the abortion providers lack third-party standing to challenge the statutes on behalf of their patients. Notwithstanding, the abortion providers have first-party, constitutional standing to challenge one of the statutes on their own behalf. We affirm the Court of Appeals’ holding that the circuit court abused its discretion by granting the abortion providers’ motion for a temporary injunction and remand to the circuit court for further proceedings consistent with this opinion.

During the Status hearing, the plaintiffs reported that they had not been able to find a woman willing to represent their lawsuit, as one who would have standing before the KSC.

The Federal standard for standing that had been adopted by the KSC in 2018, states: “for a party to sue in Kentucky, the initiating party must have the requisite constitutional standing to do so, defined by three requirements: (1) injury, (2) causation, (3) redressability. In other words, [a] plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.”

The defendant (appellant) for this appeal, was Daniel Cameron in his capacity as Attorney General. The appellees were the EMW Clinic, their owner Ernest Marshall, MD, on behalf of his patients, and Planned Parenthood Great Northwest, on behalf of itself, its staff and its patients.

The ‘injury’ was the closing of the abortion clinics as legislated by Ky’s ‘trigger law’— the Human Life Protection Act to close the clinics if/when Roe was overturned— enacted in 2019 and enforced. Read here.

The KSC ruled that the appellees could not plead on behalf of their patients because the clinics were not, by legal definition, injured.

The appellant attorney arguing for Cameron, Christopher Thacker, objected to adding a plaintiff —a potential patient of the clinics. He insisted the only issue before the Court was to decide whether to uphold the ‘trigger law.’ Judge Perry agreed with Mr. Thacker and the AG's position.

Judge Perry extended the proceedings, setting a new Status hearing on Wednesday, June 28, to establish the outcome.

It is important for all Right to Lifers to pray about his court case.

In the proceedings before the Kentucky Supreme Court, only one justice, Robert Conley, concurred with Justice Lambert’s opinion which is the ‘holding’ for the case.

The Chief Justice, Laurance VanMeter, concurred in result only. This means that though he agreed with the final result of the holding, he did not agree with the conclusions used to reach it or perhaps with some points of the decision.

Justice Angela Bisig, new on the KSC this year, concurred in part and dissented in part by separate opinion in which Justice Michelle Keller joined. Keller concurred in part and dissented in part by separate opinion in which Bisig joined. (Two peas in a pod.)

Justice Christopher Nickell and new Justice, Kelly Thompson, concurred in part and dissented in part in separate opinions.

So, as we see, the upcoming June 28 hearing in the Circuit Court may take advantage of these dissents to pry open fresh litigation.

Pro-life Jefferson Countians may be rightly disappointed that Bisig, the 4th District KSC representative, is NOT pro-life.

3 Waiting on court date - Stalled - U.S. Western District Court, Louisville

The third matter still in the courts is the Louisville Buffer Zone case. Background on this is found here. The Cincinnati Court of Appeals ruled in favor of the pro-life plaintiffs, KRTL and Sisters for Life. We heard from many KRTL members and friends who appreciated our involvement in objecting to the Metro Louisville Council’s ordinance mandating a ‘buffer’ zone of 10 feet around the EMS to prevent sidewalk counseling.

Our fine attorney Chris Wiest is asking Judge Rebecca Jennings to permanently enjoin the ordinance so that the case will have an official end, upholding free speech. The EMW Clinic claims that it is now a moot issue since no sidewalk counseling is taking place due to the closure of the clinic.

Lights are on in the abortion clinics. Physical abortions are not being performed, but calls are fielded, and there is not yet a definitive end to abortion in Kentucky until the court cases are closed.

Please watch the KRLA Forum for news and comment.

"For Kentucky Right to Life, chapters and pro-life Kentuckians, today's 4-3 ruling by the Kentucky Supreme Court is another historic moment. It's a moment to rejoice. We're extremely grateful for Attorney General Cameron and his entire team and the stellar work that they've done defending the laws of Kentucky.

"Abortion facilities have been closed for over 198 days and they remain closed. Lives will continue to be saved. But we clearly understand that… the battle is far from over. We will continue to work, pray, and advocate to protect the lives of unborn children and to work with their moms to make abortion unthinkable.

"With the overturning of Roe, the matter of abortion was appropriately returned to the States. We are now experiencing how democracy should work.

"The Justices are to precisely rule on matters of legislation so they can consider these issues in constitutional rather than political terms. The Courts are granted the great power of judicial review, the power to uphold or strike down laws passed by federal or state legislatures, on the grounds that they violate the basic principles of the Constitution.

"Today we celebrate, we have turned the page; this chapter has a happy ending. But this book on life is far from over."

At this moment, terminating the life of an unborn child is illegal in the Commonwealth except in extreme cases of maternal medical risk, as the Kentucky Trigger & Heartbeat Laws remain in the hands of the Kentucky Supreme Court.

This is the longest span of days that the lives of precious and vulnerable Kentuckians have been free from termination since Nine-Men-in-Black-Robes issued their decision that decided the tragic fate of more than 63 million innocent children.

We pray in thanksgiving as our mission continues, working together, changing hearts to make abortion unthinkable. We are counting the days until the 2023 Celebrate Life Gala, Kentucky’s 1st Post-Roe Celebration with special guests Dr. Ben Carson and his wife Candy.

Dr. Carson is an accomplished neurosurgeon, yet a humble and kind man. We are so honored he accepted our invitation to visit the Bluegrass. Profoundly pro-life, Dr. Carson performed the first successful neurosurgical procedure on an unborn child inside while in the womb, while developing new methods to treat brain-stem tumors.

Dr. Carson became the director of pediatric neurosurgery at the Johns Hopkins Children's Center in 1984 at age 33, then the youngest chief of pediatric neurosurgery in the United States. In 1987, he led a team of surgeons in the first known separation of conjoined twins who were joined at the back of the head. The Gallup Organization named Dr. Carson one of the 10 Most Admired Men in the World.

It has been 50 years and look where we are today!

Kentucky Right to Life was founded and formally incorporated on June 6, 1973. We look forward to seeing you on Thursday, March 2^nd, as we gather for Kentucky's First Post-Roe Celebration and Kentucky Right to Life’s 50^th Jubilee Anniversary.

Last weekend we gathered at the Fiftieth Annual March for Life in Washington, DC, to remember and to thank God as we celebrated the wonderful blessing of Roe being overturned— a goal folks have marched for since 1974!

It was beautiful to see so many old friends and so many new faces. The number of young adults gathered to march was incredible and inspiring.

Many events in various places also celebrated the overturn of Roe. In Madison County a Day of LIFE Celebration was sponsored by the Pregnancy Help Center Medical Clinic. Among the speakers were Congressman Andy Barr and myself.

On January 23rd, the Kentucky Edition program on KET included a segment featuring our delegation to the March. It shows many good pictures and has commentary relating to opponents' views as well. Watch it here at about 19 minutes.

We will celebrate again soon— at the Celebrate Life Gala and Banquet in Lexington. Please RSVP and join us to hear Dr. Ben Carson on Thursday, March 2nd!

Thank you to the pro-life leadership in Congress and to our Kentucky pro-life Representatives, Andy Barr, Brett Guthrie, Thomas Massie, Hal Rogers, and James Comer, for your YEA-Votes!

We have waited and prayed… and on Wednesday afternoon Congress passed the Born Alive Abortion Survivors Protection Act and H. Con. Res. 3 Condemning Acts of Violence Against Pro-Life Facilities.

Resolution 3 condemns the recent attacks on pro-life facilities, groups, and churches. Our office and your KRTL director received threatening calls just after the overturning of Roe and during the campaign on Amendment 2. Many pregnancy care centers and churches experienced lash-out destructive attacks after the Roe ruling. The resolution condemns “recent attacks of vandalism, violence, and destruction against pro-life facilities, groups, and churches,” and calls on the Biden Administration to use its authority to protect the rights of such organizations.

The Born-Alive Abortion Survivors Protection Act requires that, when a baby is born alive following an abortion, health care practitioners must exercise the same degree of professional skill and care that would be offered to any other child born alive at the same gestational age. It also requires that, following appropriate care, health care workers must transport the living child immediately to a hospital.

In 2021, Kentucky passed Senate Bill 9 requiring doctors to perform life-saving care on any infant who showed signs of life, including those who survive an abortion attempt.

Thank you Congress for the 220+ ProLife YEA-Votes on Wednesday and for standing with ProLife Americans as an unwavering voice for the most vulnerable!

So, who voted “NO”? Who would vote NO to protecting a child born alive from a failed abortion! Who would want to allow that child to die, which equates to infanticide? Sadly, 210 Democrats… Please help me to understand the Democrats and their NAY votes against H.Con.Res.3. Never mind… there is really no comprehending a thought process that would support any form of violence.

We are lifting up prayers of gratitude for Congress for their passage of these bills. And we are praying for the members of Congress who allowed partisan politic pressure to over shadow their consciences.

Update on our Pro-life Laws in the Courts

I will be in Frankfort today for the House and Senate Joint Health Services Committee meeting, where we have pro-life regulations on the agenda.

There are four regulations that relate to HB3, the Humanity in Health Care Act that incorporates six pro-life bills in one Act, which passed in 2022. HB3 is currently in the US Court of Appeals.

• 901 KAR 5:120 – Abortion reporting [Office of the Attorney General (OAG) submitted a comment on the e-reg version of this regulation]
• 901 KAR 5:130 – Certificate of abortion [OAG submitted a comment]
• 901 KAR 5:140 – Permit to transport fetal remains [OAG submitted a comment]
• 902 KAR 20:365 – Kentucky abortion-inducing drug certification program and registration of qualified physicians [OAG submitted a comment]

Additionally, there is a telehealth regulation under review and while the telehealth amendment is not abortion-related, 907 KAR 001:008 is related to abortion. According to the proposed regulation, “KRS 205.520(3) authorizes the Cabinet, by administrative regulation, to comply with a requirement that may be imposed or opportunity presented by federal law for the provision of medical assistance to Kentucky’s indigent citizenry. (Watching)

No ruling yet from the KY Supreme Court; our ‘Trigger Law’ remains in place. Abortion facilities remain closed for the fifth month! Only abortions intended to protect the life of the mother are allowed to be performed in the Commonwealth.

We are in dialog with our legal team and the Kentucky Attorney General’s office on a daily basis. We will keep you posted as soon as we know anything.

Blessings and as always, thank you for your prayers and gracious support.

Our fond farewell and THANKS to these strong pro-life friends, and a warm welcome to their successors!

• Lynn Bechler (elected in D-4 in 2013) lost to Jim Gooch, Jr. (elected in D-12 in 1995) - D12 (Redistricting resulted in portions of D-4 and D-12 merging).
• Chad McCoy (elected 2016) was replaced by Republican Candy Massaroni in D-50. She was uncontested in General Election.
• Sal Santoro (elected 2007) was replaced by Republican Marianne Proctor - D-60. She was uncontested in General Election.
• Ed Massey (elected 2019) was replaced by Republican Steve Rawlings - D-66, who won against Democrat Tim Montgomery.
• Adam Koenig (elected 2007) was replaced by Republican Steven Doan - D-69, who won against Democrat Chris Brown.

Read more.

On New Year’s Eve, two of our pro-life supporters surprised us by offering to provide a special fundraising bonus. Any gift we receive on the first day of the year through the end of the day on Wednesday, January 4, will be doubled, if we match their $20,000 contribution.

We look to you, our members and pro-life friends, to help us raise the matching amount so that we can start 2023 in a strong position to stand for life, as we await the Kentucky Supreme Court ruling on the Trigger and Heartbeat laws. Meanwhile, we rejoice that the abortion clinics in Kentucky remain closed!

Your gift will go directly to our Education Foundation’s 1^st Post-Roe Pro-Life Advocacy & Apologetics Training and will support our 2023 Youth Legacy Scholarships to be awarded in April!

If you are able to help meet the Match challenge, please donate online here or simply mail your donation to KRTL,161 Saint Matthews Ave #2, Louisville, Kentucky 40207.

Thank you so much and Happy New Year!

Words cannot express adequate thanks to the Kentucky legislators who have supported pro-life legislation and will retire this year. The participation in the Pro-life Caucus of most of these and their votes have saved thousands of lives. What better record and commendation for faithful service could there be?

They have also shown support for KRTL events, lending their time and wonderful personalities and presence. We salute and THANK these who will retire at year end.

REPRESENTATIVES

Melinda Prunty, D-15, Butler, Muhlenberg

Bart Rowland, D-21, Adair, Cumberland, Metcalf, Monroe

Jim DuPlessis, D-25, Hardin (Part)

Jerry T. Miller, D-36, Jefferson (Part)

Joe Fischer, D-68, Campbell (Part)

Regina Petrey Huff, D-82, Laurel (Part), Whitley

Steve Sheldon, D-17, Warren (Part)

SENATORS

Paul Hornback, D-20, Boone (Part), Carroll, Franklin, Gallatin, Kenton (Part), Owen

Matt Castlen, D-8, Daviess, Hancock, McLean

Alice Forgy Kerr, D-12, Boyle, Fayette (Part), Mercer, Woodford

Wil Schroder, D-24, Bracken, Campbell, Kenton (Part), Pendleton

C.B. Embry, D-6, Jefferson (Part), Oldham, Trimble— d. 9/29/22

Statement From Kentucky Right to Life and Sisters for Life

Kentucky Right to Life, Sisters for Life and all those who serve in ministry of life are extremely appreciative of the Opinion handed down on Wednesday, December 21, 2022, from the United States Court of Appeals - 6^th Circuit.

After more than a year of an imposed restriction on the ministry of sidewalk counseling that was offered to women as they entered and departed the EMW Abortion Clinic in Louisville, the Court affirmed the impact the City of Louisville’s Buffer Zone Ordinance had on free speech.

Judge Jeffrey Sutton and the Court recognized the critical elements of the practice of ‘sidewalk counseling’— the quiet, compassionate, non-threatening, one-on-one conversations where dedicated sidewalk counselors reach out to convince EMW’s patients that there are life-saving alternatives to abortion. The practice of sidewalk counseling has always been to come alongside and accompany the woman in whatever way she may need.

We were blessed to be represented by our dedicated legal counsel, attorneys Chris Wiest and Frank Manion, who never wavered in their commitment to vindicate their collective clients’ prolife ministries.

Sisters for Life, Angela Minter, Ed Harpring, Mary Kenny and all those who serve the ministry of sidewalk counseling continue our mission of ‘loving them both’: offering compassion and hope, walking with women and restoring a culture that welcomes and support life.

PANEL of Judges from left: Chief Judge Jeffrey S. Sutton, appointed by President George W. Bush, assumed office, 2003; Judge Richard Allen Griffin, appointed by President George W. Bush, assumed office, 2005; Judge John B. Nalbandian, appointed by President Donald Trump, assumed office, 2018.

Read the Opinion here.

Register by calling 502-895-5959 or 859-272-3920. If the office is closed, please leave your name and phone and someone will call you.

Today, we head once again into the courtroom. At 9:00 AM, I will be at the United States Court of Appeals for the Sixth Circuit at the Potter Stewart U.S. Courthouse in Cincinnati. This Court has jurisdiction over federal appeals arising from the states of Kentucky, Michigan, Ohio and Tennessee.

Our case began in May 2021 when the city of Louisville’s Metro Council passed the Buffer Zone Ordinance which restricts not only potential protesters, but the religious and free speech liberty of pro-life organizations and individuals whose missions and ministries bring one last prayer, one final message of love and support, before a women enters the abortion facility to extinguish the life of her child.

The joint legal team for Kentucky Right to Life and Sisters for Life filed a brief in May 2021 asking for a temporary injunction on the 10-foot “buffer zone” ordinance. The ordinance prevents sidewalk counseling within 10 feet of abortion facilities.

With Sisters for Life we are defending pro-life sidewalk counseling, an attempt to provide women seeking abortions with alternatives like parenting and adoption resources. Lives have been saved because of the intimate conversation with a sidewalk counselor what would now be a restricted zone, should this ordinance be upheld by the Appeals Court.

Abortion advocates regularly claim that abortion promotes women’s social and economic well-being. Women deserve better than a flawed medical model of best practices in women’s healthcare that embrace the destruction of a human life.

“It is false compassion to convince a woman that ending the life of her unborn child is a way to solve a problem. Our mission is to love them both, offering compassion and hope, to walking with women in their journey, and to restore a culture that welcomes and supports life.” - Addia Wuchner, R.N., Executive Director KRTL

Listen to the Oral Argument at the Sixth Circuit Court of Appeals on December 8 here.

The defeat of Kentucky’s Amendment 2 “does not mean there is a right to abortion hidden in the Kentucky Constitution and that the regulation of abortion policy is a matter that belongs to our elected representatives”

When Kentucky’s proposed pro-life Amendment 2 narrowly lost Tuesday night, some accounts acted as though that defeat meant there was suddenly a right to abortion. The exact language was “To protect human life, nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”

Yesterday, in a tweet Attorney General Daniel Cameron made clear that in his opinion “while this result is disappointing it does not change our belief there is no right to abortion hidden in the Kentucky Constitution and that the regulation of abortion policy is a matter that belongs to our elected representatives in the General assembly.”

On Wednesday Cameron’s office “filed a motion with the Kentucky Supreme Court to explain why this outcome has no bearing on whether the Court should consider creating a Kentucky version of Roe v. Wade. We urge the Court to interpret our Constitution based on its original meaning.”

Current Justices of the Kentucky Supreme Court

Just before the vote, in an op-ed, state Senators Alvarado and Wise explained what the amendment would accomplish:

Voters have an opportunity to affirm unequivocally, that there is no inherent constitutional right to an abortion in the Constitution of Kentucky. …

Constitutional Amendment 2 simply does two things: it says that under the Kentucky Constitution, abortion is not a right and it prevents state funding from being used to perform them. By voting yes on this amendment, you are keeping judges from creating new constitutional rights not explicitly addressed nor even implied in our founding state document.  This amendment will continue to protect the woman’s life if a pregnancy is to be a medical risk to her life.

…

In an op-ed that ran October 25, Cameron wrote:

Shortly before Roe, Kentucky’s highest court considered a constitutional challenge to this statute. The court unanimously rejected the challenge and upheld the law. The court determined that deciding whether and when to prohibit abortion was a matter for the General Assembly and emphasized the court’s “obligation to exercise judicial restraint” regarding the will of the legislature.

For 49 years, our long history of protecting unborn life had been eclipsed by federal judicial activism, but thankfully the shadow of Roe has now lifted.

Read full article.

Read Attorney General Cameron’s Appeal based on case law and Kentucky’s century-long history of protecting unborn human life to the fullest extent possible.

View the briefs submitted to the Court.

Amicus brief of KRTL in support of General Cameron

Watch live coverage of the trial on KET, 10 AM Tuesday November 15.

After the long campaign, our team is filled with gratitude for everyone who joined our cause. From the legislators who gave us this opportunity, to our grassroots advocates who prayed and worked, to every voter who showed up in every county to vote Yes for Life, thank you.

The overturning of Roe and the General Election have shown us how much work remains to be done to protect the right to life in Kentucky and across the country. We remain faithful and committed to do that work.

Kentucky Right to Life, our chapters and our pro-life advocates across the Commonwealth will continue giving voice to the voiceless and standing up for the sanctity of life for all of God’s children. Thank you to everyone who voted Yes on 2 and supported this important cause.

Abortion advocates regularly claim that abortion promotes women’s social and economic well-being. Kentucky women deserve better than a flawed medical model of practices in women’s healthcare that embraces the destruction of a human life, the life of their child.

Today, we are disappointed, yet our hearts are not defeated. Tomorrow will find us motivated. This work is too important to slow down, and we look forward to the next phase of pro-life advocacy in Kentucky, changing hearts and saving lives.

We will continue to be a bold unwavering voice for the voiceless.