Just as the Legislature overrode Gov. Andy Beshear’s veto of House Bill 3, the omnibus abortion bill, advocates from Planned Parenthood and the ACLU announced they are filing two lawsuits against the new law.
The new law would make several changes to abortion laws in Kentucky, including a 15-week ban that is similar to the new law in Mississippi that’s currently before the Supreme Court.
Both lawsuits, which will occur in federal court, say that it would create unnecessary abortion requirements. It would also make requirements impossible to comply with, and given the immediate effects of the law, it would force providers in the state to stop offering abortion services. The law is impossible to comply with, pro-choice advocates said, and this puts in place an abortion ban that violates patients’ rights under Roe V. Wade.
“Make no mistake: the Kentucky Legislature’s sole goal with this law is to shut down health centers and completely eliminate abortion access in the state,” said leaders from Planned Parenthood in a statement. “But we haven’t lost hope — we’re getting to work. Trust us when we say that we will do everything in our power to stop this insidious law from preventing Kentuckians from accessing the vital, time-sensitive health care they need and deserve. We are confident that the courts will stop this cruel and unconstitutional omnibus. Everyone deserves to make their own decisions about their bodies, lives, and futures.”
What is the new law?
In Beshear’s veto, he said the law does little to protect those dealing with rape or incest, putting them into very bad situations, especially if they are minors.
“House Bill 3 contains no exceptions or exclusions for pregnancies caused by rape or incest,” Beshear said in his veto message. “Under House Bill 3, a 12-year-old child that is raped and impregnated by her father would not have the option of a procedure without both the consent of her mother and without also notifying her rapist – her father – at least 48 hours prior to obtaining a procedure or by petitioning a circuit or district court for a hearing.”
Pro-life advocates say the law is meant to make abortion safe, said Rep. Nancy Tate (R-Brandenburg), the bill’s primary sponsor, but Kentucky outlawed abortion with the Heartbeat bill in 2019.
“My response is that we already done that with the assistance of this honorable body with the Heartbeat bill, which was passed in 2019 in the regular session,” Tate said.
She then dove into describing her intent with House Bill 3.
“Rather then, the intent of House Bill 3 is to ensure that while abortions are legal in Kentucky, we want them to be as safe as possible,” Tate said.
Tate said the five main tenants of the bill are as follows:
- Updating current law on parental consent for minors.
- Dignified care for the remains of aborted fetuses.
- Reporting abortion statistics, which creates a statewide registry for abortion doctors
- No taxpayer funding for abortion in Kentucky.
- Stopping the use of mail-at-home abortion drugs
But, advocates from the Planned Parenthood Alliance said the law would harm patients and put healthcare providers in danger.
“In addition to harming patients, this bill also targets abortion providers with provisions that will open them up to increased harassment and intimidation,” said Tamarra Wieder of Planned Parenthood’s advocacy group in Kentucky during a House Committee meeting. “This bill requires the state to publish the name of every medication abortion provider on a state-run portal, essentially creating a hitlist for anti-abortion extremists.”
What happens now?
Planned Parenthood will have to cease abortion services in Kentucky due to the immediacy of the law. Planned Parenthood will offer other health services. This is also why the group is filing lawsuits right away.
“We want to ensure our patients that we are here for them, and we will help them access the care they need even if that occurs outside the state of Kentucky,” said Rebecca Gibron, the CEO of Planned Parenthood Kentucky
Under the lawsuit, they are seeking a temporary restraining order, and if they are able to obtain this, they will be able to continue to offer abortion services. According to Gibron, they will have some time to work to comply, but the state is not prepared.
“To be clear, we know the intent of this law is to shut us down … the state is not prepared,” Gibron said. “They don’t have the forms or the processes even created to afford us an opportunity to comply.”