Abortion Remains Banned in Kentucky
For Immediate Release: Feb. 16, 2023
Kentucky’s Supreme Court Allows Ban to Remain in Effect
FRANKFORT, KY — Today, the Kentucky Supreme Court once again denied a request from the ACLU, the ACLU of Kentucky, and Planned Parenthood Federation of America to block two abortion bans that first went into effect on August 1. As a result, abortion remains banned in the state.
The trial court previously entered a temporary injunction, which was stayed by one judge of the Court of Appeals, and the Supreme Court of Kentucky refused to reinstate it. The plaintiffs, including Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky and EMW Women’s Surgical Center, argued that the bans violate the state’s constitutional rights to privacy, bodily autonomy, and self-determination. The decision comes three months after Kentuckians emphatically rejected an anti-abortion ballot measure that would have amended the state constitution to exclude the right to abortion.
The opinion states: “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.”
Planned Parenthood and the ACLU are committed to helping Kentuckians get the care they need, including helping patients find care out of state. Anyone who needs an abortion should visit abortionfinder.org and abortionfunds.org, or call 1-800-230-7526. Patient navigators are ready to help.
Statement from leaders from Planned Parenthood Federation of America, the American Civil Liberties Union, and the ACLU of Kentucky on behalf of EMW Women’s Surgical Center and Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky:
“Once again, the Kentucky Supreme Court failed to protect the health and safety of nearly a million people in the state by refusing to reinstate the lower court order blocking the law. Even after Kentuckians overwhelmingly voted against an anti-abortion ballot measure, abortion remains banned in the state. We are extremely disappointed in today’s decision, but we will never give up the fight to restore bodily autonomy and reproductive freedom in Kentucky. This fight is not over.”
Read the full order here.