FRANKFORT, Ky. — This week, the ACLU of Kentucky and other organizations voluntarily dismissed their lawsuit challenging two abortion bans in the state, which went into effect after Roe v. Wade was overturned last June.

What You Need To Know

  • The ACLU of Kentucky along with partner organizations filed motions to dismiss their lawsuit challenging two abortion bans in Kentucky

  • The Supreme Court of Kentucky ruled that the plaintiffs in the case — two abortion providers in the state — could not sue on behalf of their patients

  • For state lawmakers like State Sen. Whitney Westerfield, R-Fruit Hill, this is good news but he regrets not doing more during the legislative session to help mothers
  • Westerfield proposed an amendent in the last legislative session that would add exceptions for rape and incest, but the bill did not pass

For State Sen. Whitney Westerfield, R-Fruit Hill, this decision comes as good news.

“At least in the short term, the laws that we’ve enacted to protect unborn life that God has created continues to stand and I am very thankful for that,” Westerfield said. “I’ll continue to fight it and stand for the unborn children of Kentucky and around the country.” 

Moving forward, Westerfield would like to see the state dedicate more resources to places that offer wrap around services to mothers, like pregnancy centers. 

“My biggest regret from the 2023 session, our first session post-Dobbs, is that we didn’t do something that responds to those women in crisis,” Westerfield said.

Democrats like House Minority Whip Rachel Roberts, D-Newport, say just supporting those facilities doesn’t go far enough. 

“Yes, we need to do all of those things, and we should have protections for the women in Kentucky who need pregnancy care,” Roberts said.

Roberts calls the ACLU’s decision “disappointing” and says every day that Kentucky women don’t have access to abortion procedures, they must make hard decisions about their pregnancy, such as leaving the state for care.

“The fight is far from over, this is just one setback in the ongoing challenges we will be seeing,” Roberts said

A new challenge to state law would require a woman directly affected by the current ban to be part of the suit.

“You know we lead in some of the worst material health care outcomes in the country and some of the worst child care outcomes in the country and making access to care like this, making the barriers almost insurmountable for so many Kentuckians only exacerbates those issues that we are already facing as a state,” Roberts said.

As it stands today, it is up to the legislature to expand access to abortions, something that did not happen during this year’s session. 

Senate Bill 118, which was sponsored by Westfield in the last session of the General Assembly, would have proposed an amendment to the state constitution that added exceptions for rape and incest to the reasons someone could legally seek an abortion. Constitutional amendments require the approval of a majority of Kentuckians to be enacted. 

Westerfield says while he is not in favor of exceptions for rape and incest, he reinforces it is the job of the legislative branch to make policy decisions. 

“That’s the way it should be,” Westerfield said. “And if the will of the people through their elected representatives and senators want to expand access to abortion, so be it. I would disagree with it, but so be it. My amendment would permit that, but that’s who’s supposed to make that policy decision, not the court.”

Related Stories