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It is a constitutional matter correction on the ballot in Kentucky that may decide whether abortion is legalized in the state.
The thought correction officially clarifies that Kentucky’s constitution does not protect the right to an abortion—undermining privacy and individual rights protections in the state constitution. If successful it could affect the outcome of the current legal battle at the state Supreme Court, where the justices are reviewing the government’s 2019. trigger rule. In a battle that mirrors Kansas’ August ballot measure, abortion could end in the state if the amendment passes.
After the release of the Dobbs v. Jackson The decision in June, Kentucky will pass its 2019 abortion law, which bans all abortions that are not performed to save a woman’s life or prevent a disabling injury. The government too pass six-week abortion ban in 2019. Next legal challenges from the state’s two abortion clinics, the Kentucky Supreme Court ruled that the law could remain in effect until a court could rule on the constitutionality of the ban. The state Supreme Court will begin hearing arguments on the issue in November—after the midterm elections. Although the law is under review, most abortions are still prohibited in the state.
According to According to the ACLU, Kentucky has a legal system that protects “respect, bodily autonomy, and self-determination,” making it difficult to justify abortion restrictions. However, if Amendment 2 receives voter support, this legal barrier to state abortion bans will be removed. The Amendment read “To protect human life, nothing in this Act shall be construed to guarantee or protect the right to an abortion or to require funding for an abortion.”
As the midterm elections approach, pro-life and pro-choice activists have stepped up their efforts to sway voters.
Pro-life lawmakers, especially if passed, would not criminalize abortion. “The amendment does not allow abortion or prohibit abortions. It does not prohibit abortions in all cases. Under current Kentucky law, abortion is legal if it is necessary to protect the health and well-being of pregnant women,” Rep. Nancy Tate (R). –Brandenburg) said media last Thursday. He continued, saying the amendment would “retain state judges interpreting the law without creating new laws or new powers not addressed by the constitution.”
However, to pro-choice advocates, without the measure, “it will really reinforce the message that abortion is a champion’s cause,” said Tamarra Weider, state director for Planned Parenthood Alliance Advocates. said The 19th. “We have a chance to change the way the nation thinks about Kentucky. And hopefully, they’ll reconsider abortion rights in Kentucky but look at other red states that people don’t fund.” .”
Although it was a near victory for the pro-choice speakers in it Kansas—overwhelmingly voted down a measure that would eliminate constitutional protections for bodily autonomy in the state—a emboldened pro-choice Kentuckians, it’s hard to predict the outcome of the controversial vote. Regardless, how Kentuckians vote on the proposed amendment will determine whether abortion remains illegal in the state.
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