UPDATE | 5-24-23

The Sixth Circuit Court of Appeals has issued an opinion remanding the appeal for HB3 to the US Western District Court in Kentucky, recommending that the District Court vacate its injunction orders.

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From the Desk of Addia Wuchner, RN, Executive Director KRTL & The RTL Education Foundation of Kentucky

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.

From The Desk of Addia Wuchner, RN, Executive Director KRTL & The RTL Education Foundation of Kentucky

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.

From the desk of Addia Wuchner, Executive Director

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

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

by Addia Wuchner, Executive Director, KRTL

Thank you, ProLife Kentuckians, for demonstrating your unwavering commitment to elect ProLife public servants this past Tuesday to serve as your voice in Frankfort.

In the days and months ahead, we have a tremendous amount of work to accomplish— and it appears we will be spending much of our time in the Courts and as well as raising funds to pass Kentucky’s ProLife “Yes for Life” Amendment in November.

HB3, The Humanity in HealthCare Act 2022, remains in the Courts. While we are disappointed in Judge Jennings’ ruling on May 19, and the extension of the order in favor of Planned Parenthood and EMW, it is far from over. Our Kentucky Attorney General Cameron and the Appellate Team in his office will be reviewing the decision and preparing next steps.

Meanwhile, we are awaiting our date to appear before the Sixth Circuit US Court of Appeals for our joint Buffer Zone lawsuit. And Kentucky, as well as the entire Nation is awaiting the Supreme Court ruling on Dobbs… No time to rest ProLife Kentucky! We have much work to do. Thank you for your support.

“We are initially disappointed with Judge Jennings’ ruling but respectfully thankful that she did not dismiss the case. She noted that summary judgment was not proper and requested more proof of the reasons the buffer zone would hinder the sidewalk ministry. She denied the the request for dismissal by the defendants.” - Addia Wuchner, Executive Director, Kentucky Right to Life.

The Courier-Journal reported:

Sisters for Life “must be given a reasonable opportunity to present material detailing what the practical effects of the 10-foot buffer zone would be on their sidewalk counseling efforts,” wrote District Judge Rebecca Grady Jennings…

It’s also possible, however, the city could reach an agreement with Sisters for Life to delay creating the buffer zone. A previous agreement suspended the implementation while the judge considered motions in the lawsuit.

Kentucky Today reported:

Jennings denied the defendants’ motion to dismiss because of “remaining fact issues” in the case, which included the plaintiff providing “arguments tailored to the actual effect of the Ordinance” and the defendants demonstrating that “less-restrictive alternatives were tried and failed, or that the alternatives were closely examined and ruled out for good reason.”

Stay tuned for further developments.

Update on Buffer Zone

5:19 PM | July 15, 2021

“Kentucky Right to Life and all of our prowoman prolife advocates are pleased that our pursuit of litigation has resulted in the city permitting sidewalk counseling ministry to continue by extending the temporary emergency injunction as we await Judge Jennings’ decision on the matter” - Addia Wuchner, Executive Director, Kentucky Right to Life.

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TESSA REDMOND | July 8, 2021 | Kentucky Today

Louisville Metro Government calls for summary judgment in ‘buffer zone’ lawsuit

LOUISVILLE, Ky. (KT) – Louisville Metro Government filed the final brief regarding its motion to dismiss a pro-life lawsuit opposing the contentious “buffer zone” ordinance on Wednesday.

The lawsuit was first filed on June 8 by Ky Right to Life and Sisters for Life, a pro-life sidewalk counseling ministry, on the grounds that the ordinance infringed upon their constitutional rights of free speech and free exercise of religion. Attorneys reached a temporary agreement until July 16, when the buffer zone surrounding the EMW Women’s Surgical Center, one of two women’s health clinics providing abortions in the state, will go into effect.

This final brief, submitted by Jefferson County Attorney Michael O’Connell, follows both a memorandum opposing the city’s motion and a reply seeking injunctive relief, which was filed by the plaintiffs in Western District Court on June 28.

“The Ordinance does not violate or substantially burden any of plaintiffs’ constitutional rights,” the brief read.

“The Ordinance creates time, place and manner restrictions on speech and assembly outside of healthcare facilities to ensure the safety of patients entering and exiting such facilities and to provide enforcement officers with bright-line rules which are both significant and legitimate government interests.”

In response to the lawsuit’s allegation that the ordinance is overbroad and restricts religious, pro-life speech, the brief claims the ordinance is content-neutral — meaning it “does not attempt to regulate the content of any individual’s speech” within the buffer zone outside of the EMW.

“Any restriction of plaintiff’s speech, freedom of assembly, and free exercise of religion are minimal and justified by the government’s significant interest in the subject Ordinance,” the brief read.

Under the ordinance, healthcare facilities are not required to establish buffer zones and must request one from Public Works. According to the brief, the EMW is the only facility to request the ordinance “given the unique and long history of violence and harassment at this location.”

Addia Wuchner, executive director of Ky Right to Life, stated there is a difference between sidewalk counseling ministry and protesting, which Metro Government identified as “assault, harassment, stalking and intimidation” in its reply.

“Our case is defending the right of sidewalk counselors, which is a ministry, to meet women and to present them with alternatives at a very critical moment in their life,” Wuchner said. “The buffer zone prevents that opportunity for more intimate communication.”

Read more.

UPDATED 6-8-21 11 AM

SIDEWALK COUNSELORS CONTINUE!

The parties have agreed that Ordinance O-179-21 (the “Ordinance”), prohibiting the sidewalk ministry from practicing their religious freedoms for half a city block claiming it is a “buffer zone” to EMW’s property, will not be enforced until July 16, 2021 in order to allow the attorneys involved to complete briefings.

Attorney Chris Wiest, who represents those having their rights violated by the Ordinance, stated, “I consider this a win in the first round, because it allows the ministry to continue.”

Addia Wuchner said, “We are pleased that our attorney has been able to broker a temporary agreement as we prepare for a full hearing in Western District Court. As a pro-life, pro-women organization, we believe that sidewalk ministry plays an important role in a woman’s right to have fully informed consent.”

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ORIGINAL POST:

A new and good wrinkle in the Buffer Zone (BZ) controversy in Louisville has arisen.

We are glad to report that Angela Minter and her organization, Sisters For Life, together with Kentucky Right To Life, filed a lawsuit seeking an injunction against Louisville Metro, Mayor Greg Fisher, Louisville Metro Police Chief Ericka Shields, and Jefferson County Attorney Mike O’Connell against Louisville’s new BZ ordinance, on the grounds that the new ordinance violates their free speech rights and prohibits them from practicing their faith.

The Sisters For Life regularly minister to women at the EMW abortion clinic in Louisville. In 2019, EMW performed 99.5% of all abortions in Kentucky. Angela and Sisters for Life saved 800 babies from having their lives cut short by ministering to women and their partners and revealing other life choices available to them for their child other than abortion, including adoption, free housing during and after the pregnancy, free child care, free help with college tuition if they choose not to abort their child, parenting resources including diapers, formula, clothes, parenting classes, counseling and more, such as information about child development that shows parents how developed their child is at the particular stage of their pregnancy.

Angela and Sisters For Life consider it essential to maintain a caring demeanor, a calm tone of voice, and direct eye contact while ministering to people on the sidewalk outside of the abortion clinic. They do not yell, protest with signs, or block the path. They walk beside women sharing information.

On May 20, 2021, the Metro Council passed Ordinance O-179-21 (the “Ordinance”), in a 14-11 divided vote prohibiting the sidewalk ministry from practicing their religious freedoms for half a city block claiming it is a “buffer zone” to EMW’s property.

Why are Louisville Metro Council, Mayor Fisher, Chief Shields and Attorney O’Connell so interested in limiting a women’s right to information? —in this instance, not only her rights to information about her body, services available to her family, but information some believe could protect her soul.

Margaret Sanger, who strategically placed abortion clinics in low-income black neighborhoods in a covert effort at genocide, proudly boasted that it was cheaper to kill poor children before they are born than to sustain them on welfare after birth.

If you limit a woman’s access to information, you limit her options

Chris Wiest, the attorney who filed the lawsuit, stated: “The City of Louisville should know better than to pass this flagrantly unconstitutional ordinance and we look forward to having it struck down.”

Addia Wuchner, Executive Director of Kentucky Right to Life issued the following statement: “Kentucky Right to Life and our members were disappointed by the decision to utilize buffer zones at the EMW abortion clinic. The Supreme Court has previously affirmed the sidewalk counselor ministry ensuring that women have the opportunity to make a fully informed consent. Kentucky Right to Life will continue to advocate for the protection of the unborn child and the First Amendment right of citizens to peacefully gather, pray, support women, and respectively bear witness in defense of innocent life. We stand in full support of the injunction filed by Angela Minter and Sisters for Life.”

LOUISVILLE, Ky.- While the Buffer Zone vote by the Louisville Metro Council was disappointing, it was not unexpected. We had hoped that the hearts and intellects of the members who express concern for safety would show true concern for vulnerable women about to make a decision that will affect them throughout their lives. To quote Mother Teresa, 'Abortion is a crime that not only kills the child but also the conscience of all involved.' We at Kentucky Right to Life are committed to protecting the lives of the unborn and the health and safety of women. This vote denies women the compassionate walk-beside-you help that is needed at the critical moment. Many women do not realize that there is help available for them and their babies..." Read Addia Wuchner's full statement.

See the Metro Council discussions and testimonies here.

 

Updated August 21, 9 AM

C-J reports NO BUFFER ZONE!

The Louisville Metro Council on Thursday rejected an ordinance that would have allowed health care facilities, including abortion clinics, to create a buffer zone outside the entrances to their facilities.

The legislation, proposed this year after years of advocacy work by activists including the Kentucky Health Justice Network, failed in a 12-13 vote after lengthy discussion that at times verged into the ethics of abortion.

All seven Republicans — council members Kevin Kramer, R-11th; Scott Reed, R-16th; Parker; Anthony Piagentini, R-19th; Stuart Benson, R-20th; Robin Engel, R-21st; and James Peden, R-23rd — voted against the ordinance.

They were joined by six Democrats: Pat Mulvihill, D-10th; Rick Blackwell, D-12th; Mark Fox, D-13th; Cindi Fowler, D-14th; Madonna Flood, D-24th; and David Yates, D-25th.

TIME NOW to SAY THANKS! See email link for Council members below.

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Updated August 19, 2:30 PM

FULL METRO COUNCIL VOTE ON BUFFER ZONE AUGUST 20

Many in the community have objected— Read the ordinance.

A long-time member of RTL shared the letter that he sent to the Council members. As he notes, “The resolution cites the COVID pandemic as a reason for its passage. Putting aside the fact that most of the protesters wear masks since COVID, isn’t it interesting how no council member has suggested that other protests observe a similar buffer zone for public safety. It seems that one group’s right to protest is deemed safe and another group’s protest must have a buffer.”

Email the council members. View the agenda.

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Updated August 14, 2020 7AM

Buffer Zone ordinance advances to full council

The Courier-Journal reported late Thursday that the Buffer Zone ordinance moved out of committee:

Legislation that would allow health care facilities, including abortion clinics, to create "buffer zones" outside their entrances to preserve access to services is one step closer to reality.

The Louisville Metro Council’s Community Affairs, Health and Education Committee voted 4-2 along partisan lines Wednesday to send the ordinance to the full Metro Council for its consideration, after more than two hours of discussion.

The legislation, which has been called for by advocates for several years, was made more urgent by the COVID-19 pandemic, according to sponsors who spoke at Wednesday's committee meeting.

Councilwoman Jessica Green, D-1st District, said the ordinance shouldn't be a debate about abortion because it is legal and “makes sense right now” because it has become a safety and public health issue.

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The buffer zone (BZ) is back in the news. Nationally, it has steadily been debated and adjudicated for decades.

In June of 2014 the Supreme Court determined for Massachusetts that an abortion clinic buffer zone of 35-feet would violate the First Amendment. At that time Chief Justice Roberts said, “Such areas occupy a ‘special position in terms of First Amendment protec­tion’ because of their historic role as sites for discussion and debate…”

But in early July (2020) SCOTUS declined to review an appeal on behalf of Colorado pro-lifers regarding a 2000 decision that upheld an 8-foot ‘bubble zone’ around people near an entrance to a clinic. This means that clinic access laws in Chicago and Harrisburg, Penn., will not be challenged as pro-lifers had hoped. The Chicago ordinance requires an 8-foot bubble zone around people within 50 feet of a clinic entrance and restricts specified types of free speech— protesting and counseling. The Harrisburg ordinance sets a 20-foot buffer zone.

In Louisville, the issue took front and center in the spring of 2017. KRLA reported on a Louisville Metro Council (LMC) meeting where the BZ was proposed and discussed on June 14, 2017. The photo shows some sidewalk counselors who attended the meeting, and their small sign relates the best reasons not to have a BZ: Free speech and Women have Right to Know.

Last January Councilman Robin Engle warned the peaceful protestors at the Louisville Rally for Life held on the Metro Hall steps, that LMC and BZ supporters were discussing a new effort. Robin said in response to the C-J story that followed, “I don’t know the distance being discussed in the version of the ordinance being proposed by abortion advocates. The Council tried to establish limits like this on free speech (in 2017), and there really isn’t much difference between 10, 20 and 50 feet.”

Fast-forward to August 2020: We are now being advised by the LMC that a 12-foot BZ is needed by ALL health clinics, double the six-foot “guidance” for COVID safety. The new ordinance, filed August 3, states: The Dept. of Public Works “shall, at the request of any healthcare facility, paint or lay on the public way or sidewalk easily distinguishable demarcation lines marking the buffer zone and post such zone with signage stating: ‘Healthcare facility: No standing or obstructions within this zone’ and citing this ordinance.”

The LMC Community Affairs, Health and Education Committee agenda states they will discuss the BZ at their August 12 meeting at 1:30 PM.

Louisville residents can find their Council representatives here. Email addresses are here. Address correspondence to: Louisville Metro Council, 601 West Jefferson St., Louisville, Ky. 40202. Look for Louisville Safety Zone on Facebook and Twitter to view the community activism.

The COVID-19 virus is cited in the ordinance as a reason for the BZ:
WHEREAS, as of July 16, 2020, over 3,483,832 individuals in the United States have been diagnosed with COVID-19, with 21,083 of those cases being Kentucky citizens;
WHEREAS, as of July 16, 2020, over 136,938 individuals in the United States have died from COVID-19, with 650 of those deaths being Kentucky citizens; …

This means that of 326.7 million people in the U.S., one percent have or had the virus and .04% have died. As well, there are many stories in the media stating that numerous deaths are attributed to COVID among those who had other debilitating conditions.

Is this another instance of COVID-engineered societal lockdown?