Abortion in Kentucky

Abortion in Kentucky is legal. 57% of people in Kentucky said abortion should be "illegal in all or most cases." There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions.  These laws were designed to protect women from people offering unsafe abortions.  In 1998, the state passed legislation that required clinics to have an Abortion Clinic License if they wanted to operate.  By the early 2010s, members of the state legislature were trying to ban abortion in almost all cases and had also introduced "fetal heartbeat" bans. Prior to 2019, Kentucky law prohibited abortions after week 22.  This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year.

The number of abortion clinics fell years ago and has remained steady since, with eleven abortion clinics in 1982, nine in 1992, and two since 2002 and dropped to one in 2017.  There were 4,923 legal abortions in 2014, and 4,585 in 2015.  There have been abortion rights activists active in the state, participating in the #StoptheBans movement in May 2019.

Terminology
Main article: Abortion
See also: Definitions of abortion

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[1]

Pro-life advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[6]

Context
See also: Abortion in the United States

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 2014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and Ibis Reproductive Health also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[7]

According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[8] According to Megan Donovan, a senior policy manager at the Guttmacher Institute, an organization that advocates for legal abortion, states have legislation seeking to protect a woman's right to access abortion services have the lowest rates of infant mortality in the United States.[8][9]

Poor women in the United States had problems paying for menstrual pads and tampons in 2018 and 2019. Almost two-thirds of American women could not pay for them. These were not available through the federal Women, Infants, and Children Program (WIC).[10] Lack of menstrual supplies has an economic impact on poor women.  A study in St. Louis found that 36% had to miss days of work because they lacked adequate menstrual hygiene supplies during their period.  This was on top of the fact that many had other menstrual issues including bleeding, cramps and other menstrual induced health issues.[10] This state was one of a majority that taxed essential hygiene products like tampons and menstrual pads as of November 2018.[11][12][13][14]

History

One of the biggest groups of women who oppose legalized abortion in the United States are southern white evangelical Christians.  These women voted overwhelming for Donald J. Trump in the 2016 United States presidential election, with 80% of these voters supporting him. In November 2018, during US House exit polling, 75% of southern white evangelical Christian women indicated they supported Trump and only 20% said they voted for Democratic candidates.[15]

Legislative history
Fetal heartbeat bills by state, including time limit without exceptions marked:
  Heartbeat bill passed (to go into effect)
  Law partially passed by state legislature
  Law blocked by court order

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.[16] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[16]

In 1974, Kentucky adopted a law preventing public hospitals from performing abortion procedures except to protect the life of the mother.[17] The law was later ruled unconstitutional by the Sixth Circuit Court of Appeals, but the state legislature passed a new version of the law in 1980.[17] That law was challenged by the American Civil Liberties Union (ACLU) in 1987 after Kentucky Right to Life alleged that Owensboro- Daviess County Hospital had performed an abortion the previous year in violation of the law.[17] The office of state Attorney General David L. Armstrong issued a non-binding opinion that the law was unconstitutional.[17] The ACLU dropped the case in 1989 after the U.S. Supreme Court upheld a similar law in Missouri in the case of Webster v. Reproductive Health Services.[18]

The 1981 unlawful abortion conviction of a Wayne County, Kentucky, man put the issue of abortion before the Kentucky Supreme Court.[19] In 1983, the court ruled that the 7-month-old fetus killed by the man during an attack on his wife could not be defined as a person under the Model Penal Code.[19] In response to the court's ruling, Democratic State Representative Carl Nett introduced a fetal homicide bill in the 1986 General Assembly; the bill passed the House but was not considered in the Senate.[19]

During the 1982 Kentucky General Assembly, Democrat William I. Donnermeyer Sr. introduced a bill placing several restrictions and conditions on abortion; to wit: parental consent was required before an abortion could be performed on a minor, husbands must be informed if their wives underwent an abortion, a woman seeking abortion must wait 24 hours before having the procedure and must be provided with information on fetal development and abortion alternatives, and doctors must document the reasons giving for a woman seeking an abortion.[20] Despite an opinion issued by then-Attorney General Steve Beshear holding that the law was not constitutional, it was enacted by the legislature.[20] The ACLU filed suit against the law in June 1982, preventing it from becoming effective on July 15 of that year.[20] In September 1984, U.S. District Judge Charles Mengel Allen struck down most of the law's provisions.[20] The 1986 General Assembly passed legislation again requiring parental consent for minors seeking abortions.[21] The law required the consent of only the custodial parent if the parents did not live together, and also allowed the minor to petition a district or circuit court for permission.[22] Judge Allen upheld this law in a 1988 ruling.[22]

In 1998, the General Assembly passed legislation that required clinics to have an Abortion Clinic License if they wanted to operate. Part of the law said license agreement was a requirement for a transfer agreement between the clinic and a hospital and ambulance.[23] Kentucky was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[24]

The Kentucky General Assembly was one of four states that tried, and failed, to pass a fetal heartbeat bill in 2012 and again in 2014 when they were one of five states making the attempt.[25] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions in addition to abortion clinics.[26] Republican State Representative Joseph Fischer introduced the same bill with the same bill number (H.B. 132) on January 11, 2013. The bill was referred to the House Health and Welfare Committee on February 20, 2013; it did not advance out of the committee.[27][28] They tried to ban abortion that year, one of five states to do so. Only North Dakota successfully passed such a law but it was later struck down by the courts.[25] Previous fetal heartbeat bills filed in Kentucky have failed to pass. A fetal heartbeat bill, HB 132, was introduced on January 7, 2014 by Representative Fischer. The bill was referred to the House Health and Welfare Committee on March 19, 2014; it did not advance out of the committee.[29][30] The Lexington Herald-Leader described the situation in 2014: "Every year, anti-abortion bills sail out of the Republican-led Senate with huge majorities, only to get stuck in the House Health and Welfare Committee alongside anti-abortion bills filed in the House. Chairman Tom Burch, D-Louisville, is in favor of abortion rights, as is more than half of his committee. Burch keeps anti-abortion bills off the House floor, shielding the Democratic majority from votes that many prefer to avoid."[31]

They tried again to ban abortion in 2017 when they were one of six states, and again in 2018 when they were one of eleven states.[25]

Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year.[25] Two bills which seek to prohibit abortions after a fetal heartbeat is detected were filed in the Kentucky General Assembly in 2019.[32] State Senator Matt Castlen introduced SB 9 on January 8, 2019.[33] On February 14, 2019, SB 9 passed out of the Kentucky Senate by a 31–6 vote.[34] The bill was received in the House on February 15, 2019.[35] Damon Thayer, the Senate Republican floor leader said SB 9 "absolutely" was a priority for the chamber. He said he would be delighted if it became law and ended up before the U.S. Supreme Court as a means to overturn to Roe v. Wade. "It would be the pinnacle of my career," he said.[36] On March 14, 2019, the Kentucky House passed SB 9 by a vote of 71–19.[37] The next day the state's chapter of the ACLU filed a petition for a temporary restraining order preventing implementation of the ban. In EMW Women's Surgical Center v. Meier, the 6 week ban was stayed by the US District Judge David Hale.[38]

A similar bill by State Representative Robert Goforth was introduced in the Kentucky House of Representatives. The bill, HB 100, which was prefiled on December 13, 2018, was referred to the Health and Family Services Committee on January 10, 2019.[39] When asked about the heartbeat bill, Goforth, who announced his candidacy for Governor of Kentucky on January 8, 2019, the same day the bill was introduced, said he would be pleased if Kentucky or one of the other states considering similar measures enacted such a law and, in the event of court challenge, took the case to the U.S. Supreme Court in an effort to overturn Roe v. Wade.[36]

Judicial history

The U.S. Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[16] Kentucky already has three lawsuits over abortions restrictions. Kentucky's bill faces a challenge with the Roe v. Wade ruling, but with the retirement of Justice Anthony Kennedy, who had a major vote to preserve abortion rights there could be a change.[40] EMW Women's Surgical Center took the state of Kentucky to court in 1998 over the need to have a license to run an abortion clinic. They lost their case in court.[23] In 2019, the courts issued an injunction to stop the recently passed 6-week abortion ban from coming into effect.[25]

Clinic history
Number of abortion clinics in Kentucky by year
See also: Abortion clinic

There were 3 or 4 abortion service providers in Louisville in 1981. That year, EMW Women's Surgical Center opened in the city.[23] In 1989, EMW Women's Surgical Center opened a satellite clinic in Lexington. Both clinics were run by Dr. Sam Eubanks and Dr. Ernest Marshall. Eubanks died in 2013.[23] Between 1982 and 1992, the number of abortion clinics in the state decreased by two, going from eleven in 1982 to nine in 1992.[41]

Since around 2002, the two EMW Women's Surgical Centers were the only abortion providers in the state. Other ones that had existed in the state had voluntarily closed.[23] In 2014, there were two abortion clinics in the state.[42] In 2014, 98% of the 120 counties in the state did not have an abortion clinic. That year, 74% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[43]

In 2017, there were 2 Planned Parenthood clinics in a state with a population of 996,488 women aged 15 – 49 of which 0 offered abortion services.[44] North Dakota, Wyoming, Mississippi, Louisiana and Kentucky were the only five states as of July 21, 2017, not to have a Planned Parenthood clinic that offered abortion services.[44] In early 2017, EMW Women's Surgical Center in Louisville was the only facility in the state of Kentucky that provided women with abortion services.  Another clinic in Lexington run by the same organization had closed in January that year because it could not meet new licensing requirements. Kentucky's Republican Governor, Matt Bevin, worked to try to close EMW Women's Surgical Center in Louisville down.[23] In May 2019, the state was one of six states in the nation with only one abortion clinic.[45]

Statistics

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15 – 44 of between 0.1 and 0.9.[46] In 1990, 401,000 women in the state faced the risk of an unintended pregnancy.[41] In 2010, the state had zero publicly funded abortions.[47] In 2013, among white women aged 15–19, there were  abortions 450, 170 abortions for black women aged 15–19, 30 abortions for Hispanic women aged 15–19, and 20 abortions for women of all other races.[48] In 2014, 36% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[49] 57% of people in Kentucky said abortion should be "illegal in all or most cases."[50] According to a 2014  Public Religion Research Institute (PRRI) study, 60% of white women in the state believed that abortion be illegal in all or most cases.[15] In 2017, the state had an infant mortality rate of 6.5 deaths per 1,000 live births.[8]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[51]
Census division and stateNumberRate% change 1992–1996
199219951996199219951996
Total1,528,9301,363,6901,365,73025.922.922.9–12
East South Central54,06044,01046,10014.91212.5–17
Alabama17,45014,58015,15018.21515.6–15
Kentucky10,0007,7708,47011.48.89.6–16
Mississippi7,5503,4204,49012.45.57.2–42
Tennessee19,06018,24017,99016.215.214.8–8
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence% obtained by
out-of-state residents		 YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Kentucky 10,000 11.4 1992 [51]
Kentucky 7,770 8.8 1995 [51]
Kentucky 8,470 9.6 1996 [51]
Kentucky4,9235.8883,4424.06111.32014[52]
Kentucky4,5855.4823,1883.75712.82015[53]
Kentucky 4,586 5.4 83 3,312 3.9 60 14.0 2016 [54]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Pro-life activism

Since 2005, an annual event called Cross the Bridge For Life has occurred in support of the pro-life movement in Covington, Kentucky. The event entails crossing the Purple People Bridge between Covington and Cincinnati by thousands of attendees.[55]

Abortion rights activism

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[56]

Footnotes
  1. According to the Supreme Court's decision in Roe v. Wade:
    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.
    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".

References
  1. Watson, Katie (December 2018). "Why We Should Stop Using the Term "Elective Abortion"". Medicine and Society. AMA Journal of Ethics. American Medical Association. 20 (12): E1175–1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 3 August 2019.
  2. Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. Somerville, Massachusetts: Political Research Associates. 14 (1).
  3. Greenhouse, Linda (5 November 2006). "The Roberts Court Takes on Abortion". Week in Review. The New York Times. Retrieved 3 August 2019.
  4. Brennan 'Dehumanizing the vulnerable' 2000
  5. Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  6. "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  7. Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved 2019-05-27.
  8. "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
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  10. Mundell, E.J. (January 16, 2019). "Two-Thirds of Poor U.S. Women Can't Afford Menstrual Pads, Tampons: Study". US News & World Report. Retrieved May 26, 2019.
  11. Larimer, Sarah (January 8, 2016). "The 'tampon tax,' explained". The Washington Post. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  12. Bowerman, Mary (July 25, 2016). "The 'tampon tax' and what it means for you". USA Today. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
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  16. Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831. PMID 11652642.
  17. Chellgren, Mark (January 27, 1987). "Law Limiting Abortions Out of Line, Opinion Says". Lexington Herald-Leader. p. B1.
  18. Lawrence, Keith (July 4, 1989). "ACLU chief says ruling to end suit against ODCH". Owensboro Messenger-Inquirer. p. 8A.
  19. Duke, Jacqueline (August 27, 1987). "Killer May Be Charged in Death of Fetus". Lexington Herald-Leader. p. B1.
  20. Davis, Merlene (September 14, 1984). "Group Says It May Appeal Abortion Ruling Right to Life Association Disappointed That Judge Struck Down 1982 State Law". Lexington Herald-Leader. p. B1.
  21. Duke, Jacqueline (April 8, 1986). "New Legislation Varies in Effect On Typical Kentuckian". Lexington Herald-Leader. p. B1.
  22. Rutherford, Glen (August 26, 1988). "Court Upholds Consent Law for Abortions Civil Liberties Union Expected to Challenge Ruling". Lexington Herald-Leader. p. C1.
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  34. "The Latest: Kentucky Senate passes fetal heartbeat bill". The Washington Post. February 14, 2019. Retrieved February 14, 2019. The Kentucky Senate has overwhelmingly passed a bill that would ban most abortions in the state once a fetal heartbeat is detected. The Republican-led chamber’s 31-6 vote on Thursday came a few hours after the measure cleared a committee. The bill now goes to the state House, which is also run by Republicans.
  35. "KY SB9 - 2019 - Regular Session". LegiScan.
  36. Yetter, Deborah (January 10, 2019). "After striking out twice, GOP tries again to 'effectively' ban abortion". Louisville Courier Journal. Retrieved February 9, 2019. And he said he would be pleased if Kentucky or one of the other states considering similar measures enacted such a law and, in the event of court challenge, took the case to the U.S. Supreme Court in an effort to overturn Roe v. Wade
  37. Heller, Marsha (March 15, 2019). "KY House passes fetal heartbeat bill". KFVS 12 (CBS). Retrieved March 20, 2019. Senate Bill 9, known as the “fetal heartbeat bill”, was passed by the Kentucky House on Thursday, March 14, by a vote of 71-19.
  38. https://www.aclu.org/cases/emw-womens-surgical-center-v-meier-six-week-ban-and-reason-ban
  39. "2019 Regular Session - House Bill 100". Kentucky General Assembly. Kentucky Legislative Research Commission. Retrieved February 9, 2019.
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  50. Jr, Perry Bacon (2019-05-16). "Three Reasons There's A New Push To Limit Abortion In State Legislatures". FiveThirtyEight. Retrieved 2019-05-26.
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