With the ‘draft’ version of the SCOTUS decision on Roe v. Wade leaked on Politico, we are thinking through the potential ramifications. Will Kentucky’s ‘Trigger Law’, established in 2019 through HB148, be set off in the very near future to ban all abortions? WHOA! We do not yet know whether the Roe ‘draft’ ruling will be the final one.

The Abortion issue has become knotty, and the KY laws regulating it reflect a circuitous landscape. In fact, the many Amicus briefs submitted to urge the high court to reverse Roe in the Dobbs case, cite hundreds of cases that conflict because of varying interpretations of Roe in state and federal courts.

The section of the Kentucky Revised Statutes that was revised to include HB148 states that KY will ban all abortions, medical and surgical, should Roe v Wade be reversed, or should another constitutional amendment be passed. If this occurs, we will say, “It’s Springtime in the Commonwealth!”

This triggering effect ideally would eliminate the need for the current HB3 regulations. However, there was a stipulation in the 2019 law that its ban of abortions would be effective “relative to the appropriation of Medicaid funds.” If the President should issue an executive order or the Congress pass a statute that would require a state to fund abortion in “limited circumstances” to remain eligible to receive federal Medicaid funds, then the bullet would be deflected in some instances, to the best of our understanding.

We cannot know what the new landscape will look like, especially at the rate the Biden administration issues new orders. We do know that adding the Yes-for-Life Amendment to Kentucky’s Constitution will be needed. It states: 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. This amendment PREVENTS a misinterpretation of existing law, as the Roe decision effected in the US Constitution. Please keep this in mind when you go to the polls in the fall and help spread the word!

Meanwhile, our pro-life Attorney General Cameron is defending HB3, and the Monday, May 2, hearing ended in Judge Jenning’s statement that she would issue a ruling of a partial injunction very soon. Both sides agreed that certain of the Humanity in Healthcare Act’s stipulations can be immediately enforced.

Following the Judge’s Order, both sides agreed to extend the amount of time for answers or responsive pleadings. The State will have until June 2nd to file an answer and the Plaintiffs— Planned Parenthood, EMW and the ACLU, will then have until June 23rd to respond.

As you can note from the photos, opposition to HB3 was vociferous with a powerful bullhorn, but our pro-life supporters brought a peaceful witness for Life. I am so proud of all pro-lifers for your steady, loving, persistent, effective work to put an end to Roe v Wade and abortion. I am very close to saying, “Congratulations, you have won!” But we await the orderly application of American law.

Watch the video of the news conference that followed the court hearing here.

Judge Denies Request from AG to enforce HB3

"Though final passage was granted more than a month ago, Kentucky’s newest law further restricting and regulating abortion access has yet to take full effect. Judge Rebecca Grady Jennings issued a preliminary injunction on May 19 blocking the state from enforcing most of House Bill 3…

"Last week, Attorney General Daniel Cameron’s office appealed the preliminary injunction to the Sixth Circuit Court of Appeals, and asked Jennings to allow his office to enforce provisions of the law in the meantime…

"Jennings on Thursday denied Cameron’s request. With the injunction in place, access to abortion in Kentucky is largely as it was before House Bill 3 was passed into law.

… Cameron has rebuked legal challenges to the new law, arguing that compliance is possible even if the mechanisms for compliance don’t exist. …"

Read more.

Judge Sets HB3 Hearing for Monday, May 2, 2022

EMW Clinic joins Planned Parenthood HB3 suit; case goes to court next week. Watch for more news.

About the Temporary Restraining Order for HB3

“We are disappointed in the April 21^st decision by U.S. District Judge Jennings to enjoin in its entirety House Bill 3, the Humanity in Healthcare Act. While we are frustrated by the ruling, Kentucky Right to Life is in consultation with counsel, our members, and Kentucky Attorney General Daniel Cameron in next steps to appeal the temporary injunction.

“From the beginning, we have acknowledged that House Bill 3 would not end abortion in Kentucky. HB 3 is a multifaceted bill that reflects our continued commitment to Kentucky’s most vulnerable citizens, the unborn, as well as advocating for justice and safe medical practices for their Mothers.” - Addia Wuchner

“We are disappointed that the court chose to temporarily halt enforcement of the entire law. This law is constitutional, and we look forward to continuing to defend it.” - Kentucky Attorney General Daniel Cameron

“I am disappointed with US District Judge Rebecca Grady Jennings’ temporary restraining order of HB 3, Humanity In Healthcare, allowing for chemical abortions to be used by any female, regardless of her age, who has a credit card that will cover the expense.

“Her decision, along with the FDA’s announcement in December 2021 that allows for the abortion-inducing kit to be available via mail order without a doctor visit, in essence turns every bathroom in the Commonwealth of Kentucky into an abortion clinic. It is a sad day for the weakest among us – the baby in the womb.” - Representative Nancy Tate, primary sponsor of HB 3

House Bill 3, the Humanity in Healthcare Act— our ‘6 ProLife Bills in 1,’ has passed, and Secretary of State Adams will sign it into law. The Secretary of State signs all bills into law when they have required an override of a Governor’s veto.

Thank you to everyone for your prayers this Session and your calls to Frankfort. Kentucky Right to Life is honored to serve as your voice in Frankfort, working with our House and Senate on prolife legislation.

House Bill 3 is the result of over a year’s work! We want to thank the entire Kentucky ProLife Caucus, and especially Representatives Tate (shown in the Rotunda), King, Prunty and Bechler in the House along with Senator Max Wise for his work on SB 321 and the 15-week abortion restriction, and Senator Alvarado.

A special thank you to KRTL members and friends for your calls this week asking your Legislators to vote “YES” to override the Governor’s veto on HB3!

It has been a long session and your legislators have worked extremely hard. When the final vote is cast and the gavel falls declaring Sine Die later today, the 2022 Legislative Session will be a wrap.

I have a favor to ask: Please take a moment to call Frankfort one more time, just to say, Thank you for the voting to override the HB3 veto! Please call the Legislative Message Line at 1-800-372-7181.

Angry winds

As tornadic winds ripped across Kentucky last night, the anger from the pro-abortion advocates was also intensifying. The ACLU, EMW and Planned Parenthood all will challenge this legislation in court. They have raised truckloads of money to defeat HB3.

Kentucky is a battleground state. To quote from today's Courier-Journal, "Final passage of HB 3 makes Kentucky the first state to end all access to abortion..." Read More.

We take pride in that, however, we know that it makes our opponents even more determined to defeat our powerful legislation.

The VETO Override Senate voting history is shown in the picture above and the House vote is on this page. The asterisk indicates the Senator is a Republican. Also shown is a screenshot from the New York Times that reminds why we are fighting so hard.

Did you know?

House Bill 3 updates the sections of Kentucky law impacted by Judicial ByPass (Federal Law provisions since 1979) making clear that the Court must consider all information, including whether the minor child is a victim of sexual abuse by one or both of her parents, or another individual. This speaks to the issues of rape and incest.

HB3 will not end abortion in Kentucky, but restricts it to 15 weeks and bans mail-order abortions. This Bill reflects the General Assembly’s commitment to Kentucky’s most vulnerable citizens. It shows the legislators' dedication in advocating for justice and safe healthcare practices for unborn children and their mothers.

"The scramble late Wednesday to try to block the law was similar to that of 2019, when lawmakers passed a bill to ban abortions after six weeks and then-Gov. Matt Bevin, an anti-abortion Republican, signed it into law the same day.

"That forced EMW, then the state's only abortion provider, to cancel appointments and suspend abortions for a day until the law was blocked by a federal judge. That law remains suspended while the legal challenge is pending." (ibid, C-J)

We know a fight is imminent, but for today, let’s focus on thanking our legislators and celebrating the HB3 victory in the State House!

Speaking on behalf of Kentucky Right to Life, our Right to Life Chapters across the Commonwealth, and Prolife Kentuckians, I doubt if anyone is surprised by the Governor’s decision to veto House Bill 3. But I am disappointed. The Governor, having served previously as Kentucky Attorney General and the former chief law-enforcement officer and prosecutor for our Commonwealth, knows well the issues of human trafficking, abuse and exploitation of women and girls, which contribute to the very real risks associated with mail-order abortion.

House Bill 3 addresses multiple issues impacting the health of minor girls and women across the Commonwealth. As a result of the FDA’s decision to stop enforcing their longstanding health guidelines for issuing RU486, a two-pill regimen for non-surgical abortions, the in-person meeting with a medical provider, counseling, and ultrasound have been replaced with do-it-yourself at-home abortions via mail order.

Kentucky women deserve better than risky do-it-yourself, mail-order-abortions!

Without an in-person consultation between a pregnant woman or minor girl and a medical professional, not only is it difficult to assess any serious risk factors such as an ectopic pregnancy, pre-existing conditions or the presence of STIs– sexual transmitted infections, but the door is left wide open for vulnerable women and girls to be physically forced into an unwanted or quick decision on abortion.

The Governor states that there is no exception for rape and incest. The issues of rape and incest are extremely sensitive and personal matters, and those harmed by sexual violence often carry a lifetime of scars. Unfortunately, those who oppose any restrictions on abortions often insert rape and incest to undermine the legislation. The fact that statements on HB3 are made about such tragic and life-impacting matters as rape or incest without fully reading the bill, especially Section 1, and understanding the bill, is a political travesty. Section 1 explicitly indicates exceptions for sexual abuse and sexual abuse by the minor girl’s parent.

Kentucky Right to Life has led the State for 50 years advocating for an end to abortion and today remains unwavering in its support for the dignity and sanctity of life, especially the unborn. We advocate for prolife justice, justice for the children and their mothers.

A woman facing an unplanned pregnancy deserves the opportunity to learn about her options other than abortion, and deserves for her reproductive health to be respected rather than thrown down to a mail-order solution for such a serious, life-impacting decision, such as terminating the life of her child.

Please call the Legislative Hotline, 1-800-372-7181, and ask your legislators to please override Gov. Beshear’s VETO of HB3.

The VETO Days of the 2022 Regular Session began March 31. Gov. Beshear vetoed HB3 on Friday, April 8. The Courier-Journal reported, "Beshear, in vetoing HB 3, listed what he said are multiple flaws, leading with the fact the bill makes no exemption for those who become pregnant by rape or incest, while at the same time making it harder for girls under 18 to end a pregnancy without notification to both parents." Stay tuned.

The Senate passed the Humanity in Healthcare Act on March 29, 29-0, and around 9:30 p.m. last night, the House gave final approval with a vote of 74-19. WATCH FOR MORE NEWS!

More good news— the Humanity in Healthcare Act now goes to the Senate Floor!

HB3 passes 8-2 in Senate Health and Welfare Committee

Good news for ProLife Kentuckians — House Bill 3, the Humanity In Healthcare Act 2022, has passed the Kentucky House! Now on to the Senate.

On behalf of Kentucky Right to Life and our Chapters across the Commonwealth, our sincere thanks to Rep. Nancy Tate, District 27, for her skill in sponsoring this bill, and to the members of the House ProLife Caucus for their support and votes, and to David Osborne, House Speaker pro tempore, for making the right to life and HB3 a Session priority.

Thank you to all our Yes-for-Life-Kentucky and KRTL members and friends for their presence and support at our March first Rally.

At the Rally, Ky Secretary of State Michael Adams announced that our ProLife Constitutional Amendment is officially slated to be on the General Election ballot as measure #2, on Tuesday, November 8!

Thank you to all the ProLife champions who spoke at our rally, our State Officers and Legislators, and to each of you who helped to make our Kentucky Right to Life/Yes-for-Life Rally Day spectacular! See the video and slideshow.

Click image to view larger and use back button to return to article.

By a vote of 8-2, Kentucky’s Senate Judiciary Committee Thursday passed a measure that would lower the maximum age an abortion can be performed from 20 weeks down to 15 weeks.

Amidst criticism that the bill, SB 321, is not necessary, sponsor Sen. Max Wise said passage is important “because it mirrors a Mississippi law that is currently before the U.S. Supreme Court in a challenge to Roe v. Wade, the 1973 decision establishing abortion as a constitutional right,” reported Deborah Yetter, Louisville Courier Journal.  Sen. Wise said, “If the Supreme Court upholds Mississippi’s law, we would have a law in place.”

Read more.

Addia Wuchner, executive director of KRTL, testified as a Ky RN, clarifying when a fetus can be seen on ultrasound to recoil from the a painful stimulus. She noted in the Senate hearing that the bill is “another step as we move forward in protecting those who do not have a voice for themselves, Kentucky’s unborn children.”

Watch the full hearing on KET.org. Passionate pleas from abortion supporters were delivered, but the bill was ‘reported favorably’.

Top: Tamara Weider, Ky state director for Planned Parenthood Alliance Advocates; Sen. Karen Berg, D-26, one of two ‘no’ votes. Bottom: Addia, Sen. Max Wise, D-16.

The Humanity in Healthcare Act is a multifaceted ProLife bill compromised of bills filed in previous years by several legislators. Kentucky Right to Life was honored to work over the last year with House members who contributed to the bill and with its sponsor, Representative Nancy Tate, co-chair of the ProLife Caucus.

Thank you to Representatives Tate, Prunty, Beckler, Bentley; Senators Meredith, Mills; and members of the ProLife Caucus for contributions to the Act.

Reflecting on the 2022 Humanity in Healthcare Act and the gift of every child, Representative Tate stated, “God granted all of us, born and unborn, the right to life, liberty, and the pursuit of happiness. It is not the right of any person to take this gift away from the weakest among us, who cannot protect themselves no matter the circumstances. I am and will always be an advocate for our children.”

Elements of the Act

• Updates current law concerning parental consent and protection of minors— the judicial bypass guidelines are in place
• Dignified care for the terminated remains of pregnancy loss
• Updates reporting requirements for pregnancy termination statistics
• Requires chemical/medical pregnancy termination health guidelines
• No taxpayer funding of abortion in Ky

While in Frankfort on February 9^th, I had the opportunity to speak with many House members, including Speaker David Osborne, who said the comprehensive ProLife legislation will be assigned as House Bill 3. Typically, priority legislative measures are assigned the first five to 10 bill numbers, so this is great news, ProLife Kentucky!

Please call your Legislators, and ask them to support HB3! The Legislative Hotline number is 1-800-372-7181.

The image is from a slideshow explaining the need for HB3.

The Ky House of Representatives heard two pro-life Resolutions on January 6, both sponsored by Rep. Nancy Tate.

HR 7 is A RESOLUTION memorializing the forty-ninth anniversary of the Roe v. Wade Supreme Court decision that legalized abortion. This Resolution gives nine reasons why the representatives of the General Assembly resolve to uphold Life in five ways:

1. Reaffirm respect for the dignity and sanctity of human life.
2. Recognize that children, whether born or unborn, are the greatest natural resource in the Commonwealth of Kentucky.
3. Speak for, and uphold the rights of, members of our Commonwealth who cannot speak for themselves.
4. Laud the continued dedication of the Pro-Life Caucus to overturn the decision and to pass legislation to protect all vulnerable members of our society from conception until death.
   And finally,
5. When the House of Representatives adjourns this day, it does so in remembrance of the countless number of Kentuckians who have been affected by the abominable United States Supreme Court decision in Roe v. Wade.

You can read the full resolution here.

HR 8 is A RESOLUTION supporting the Hyde Amendment and encouraging its adoption by the United States Congress in its 2022 session.

Thank you, legislators and Nancy!