FRANKFORT, Ky. (AP) — In a move to provide clarity to doctors navigating the near-total abortion ban in Kentucky, Republican lawmakers have added several medical exceptions to the law. The aim is to ensure that physicians can address severe complications during pregnancies without fear of legal repercussions for terminating them.
The bill aims to guide doctors in life-or-death situations, offering them clear guidelines while upholding Kentucky’s strict abortion prohibitions, according to its GOP supporters. Republican state Rep. Jason Nemes stated, “It ensures women facing life-threatening situations receive timely, appropriate medical care, and gives providers the legal certainty they need to act decisively.”
Critics argue that the bill highlights flaws in existing abortion laws and was rushed through the legislative process without thorough vetting. Despite these concerns, the bill swiftly passed through committees and both chambers of the legislature within a day.
Kentucky’s near-total abortion ban was triggered when the U.S. Supreme Court overturned Roe v. Wade in 2022, allowing abortions only when necessary to save the life of the mother. Attempts to include exceptions for cases of rape, incest, or nonviable pregnancies have not been successful in Kentucky’s Republican-controlled legislature.
Democratic state Rep. Rachel Roarx highlighted the urgency of the situation, stating, “We are in this mess because the current Kentucky state laws are so restrictive that we actually need clarity to save the life of a pregnant mother. That’s where we’re at, and it is terrifying to be someone who can become pregnant in this state.”
With limited time remaining in the legislative session, the abortion-related language was added to a bill concerning birthing centers by a Senate committee. The bill swiftly passed through both the Senate and House, and is now awaiting approval from Democratic Gov. Andy Beshear, a supporter of abortion rights.
Governor Beshear expressed concerns about the impact of the new law, questioning whether it further restricts abortion rights in a state with already stringent laws. The debate over exceptions in abortion bans has been a contentious issue since the Supreme Court’s decision to overturn Roe v. Wade.
Various states, including Texas and South Dakota, have grappled with clarifying medically necessary exceptions in their abortion laws. In Kentucky, the recent legislation aims to address barriers faced by physicians when treating complex pregnancies, with hopes of removing conflicts between medical care and legal constraints.
“It’s not meant to be an exhaustive list, but rather a compilation of the most common issues that physicians and mothers facing a crisis pregnancy may encounter,” stated Republican state Rep. Kimberly Poore Moser. The bill allows doctors to separate a pregnant woman from her unborn child in cases such as lifesaving miscarriage management, emergency intervention for sepsis and hemorrhaging, procedures necessary to prevent the death or substantial risk of death of the pregnant woman, removal of an ectopic pregnancy, and treatment of a molar pregnancy. Addia Wuchner, executive director of Kentucky Right to Life, emphasized the importance of this medical care needing to take place in the commonwealth.
Kentucky’s existing abortion ban remains firmly in place, with advocates of the bill arguing that lawmakers have included narrow and confusing exceptions for what should be considered basic health care. Planned Parenthood Alliance Advocates criticized the language, stating that it forces doctors to wait until patients are near death before intervening in cases of fatal fetal diagnoses or life-threatening pregnancy complications. Tamarra Wieder, the group’s Kentucky state director, expressed these concerns in a statement Thursday.
This report includes contributions from Associated Press writers Geoff Mulvihill in Cherry Hill, New Jersey, and Dylan Lovan in Louisville, Kentucky.
