Friday, June 24, 2022. This date will go down in history as one of the most important in our nation's history as the Supreme Court of the United States stood strong in their ruling in the Dobbs v. Jackson Women's Health Organization case.
By now you are aware that the ruling overturned Roe v. Wade. The Court's opinion expresses clearly that "There is nothing in the Constitution about abortion, and the Constitution does not implicitly protect the right," as well as "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."
Ultimately, the Dobbs ruling means that state legislatures have the authority to pass laws regulating abortion in their states. While pending legal challenges must be dealt with, the United States Constitution is no longer interpreted to prohibit enforcement of legislation passed by the Kentucky General Assembly that limits or prohibits the procedure. In preparation for the possible overturn of Roe, the Kentucky General Assembly already approved several pieces of pro-life legislation.
For Kentuckians, the Dobbs ruling has the immediate effect of ending all medically unnecessary abortions. In 2019, the Kentucky General Assembly passed HB 148, which called for an end to abortion in Kentucky upon the overturn of Roe v. Wade. The measure contains an exemption for a licensed physician to perform a medical abortion necessary to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.
In addition to HB 148, HB 91 stands out among the most important. This measure places the issue before Kentucky voters during the November 2022 General Election as proposed constitutional amendment #2. By voting "yes" for amendment #2, we will all get to decide whether or not to amend the state constitution with the following words: "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." To put it plainly, a "Yes" vote is a vote for life.
Given the Governor's public outrage at the Dobbs ruling, legislation we passed during the 2021 Regular Session may be necessary. HB 2 expands the role of the Attorney General, the state's chief law enforcement officer, in enforcing statutory and regulatory conditions on abortions. While we passed this law after the Governor refused to close abortion clinics when he shutdown other elective surgeries during the pandemic, this measure may provide more important than ever if the administration fails or refuses to follow the will of the people.
While we rejoice in a Supreme Court that showed great courage in this ruling, it is important to remember the women and men who have spent almost five decades praying, advocating, and fighting for Roe to be overturned.
I also think it is critical that we recognize the work is not done. Now we must double down on efforts to ensure these infants have every opportunity at success. That means continuing our work in foster and adoptive care, working to keep families together when possible, and providing resources to help parents. The same political policies that brought us Roe v. Wade also helped place Kentucky as one of the worst states to be a child. I know how great our people are and how much can be accomplished when we combine faith with works.
Thanks for taking the time to read this update. I can be reached through the toll-free message line in Frankfort at 1-800-372-7181. Feel free to contact me via email at Randy.Bridges@LRC.KY.GOV. If you would like more information, please visit the LRC website legislature.ky.gov.
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