Planned Parenthood joins woman to challenge Kentucky abortion restrictions

LOUISVILLE, Ky. (CN) — A Kentucky woman filed a class action Friday challenging the state’s abortion bans.

The plaintiff, identified in the complaint filed in Jefferson Circuit Court as Jane Doe, is approximately eight weeks pregnant but unable to obtain an abortion because of the state’s near-total ban.

“I am a proud Kentuckian and I love the life and family I have built here. But I am angry that now that I am pregnant and do not want to be, the government is interfering in my private matters and blocking me from having an abortion,” she said in a statement. “This is my decision — not the government’s or any other person’s. I am bringing this lawsuit because I firmly believe that everyone should have the ability to make their own decisions about their pregnancies.”

Doe challenges two separate abortion bans, a near-total ban and a ban on abortion after six weeks, both of which contain exceptions only to prevent death or permanent injury. Both laws carry criminal penalties for individuals who violate the rules.

As a remedy, the lawsuit seeks to block both bans and a declaration from the court that they are unconstitutional.

“Without the ability to decide whether to continue a pregnancy, Kentuckians have lost the right to make critical decisions about their health, bodies, lives, and futures,” Doe says in her complaint.

The Kentucky Supreme Court upheld both laws this past February, despite voters rejecting an amendment to the state’s constitution that would have denied protections for abortion procedures in November 2022.

However, the state’s high court did so on grounds that the plaintiffs in that case lacked standing, and declined to determine what constitutional protections abortion procedures may or may not have.

“To be clear, this opinion does not in any way determine whether the Kentucky Constitution protects or does not protect the right to receive an abortion, as no appropriate party to raise that issue is before us. Nothing in this opinion shall be construed to prevent an appropriate party from filing suit at a later date,” wrote Kentucky Supreme Court Justice Debra Lambert.

Planned Parenthood Great Northwest, Hawaii Alaska, Indiana, Kentucky Inc. joined Doe in the lawsuit.

“Jane Doe’s decision to fight back in court while pregnant and in need of an abortion is beyond brave. In challenging the state’s abortion bans, she has provided hope for reproductive freedom that Kentuckians so desperately need. But this lawsuit should not have been necessary in the first place,” the group's CEO Rebecca Gibron said.

A spokesperson for Kentucky Attorney General Daniel Cameron, one of the listed defendants said, "The attorney general’s office is reviewing the complaint.”

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