The Commonwealth’s stated policy has long been “to recognize and to protect the lives of all human beings regardless of their degree of biological development.”
Kentucky’s high court recognized abortion as a crime under the common law as long ago as 1879 and the Kentucky General Assembly passed legislation clearly prohibiting abortion, except to preserve the life and health of the mother, in 1910.
The U.S. Supreme Court’s egregiously wrong 1973 decision in Roe v. Wade paused Kentucky’s ability to carry out its pro-life policy, but the issue of abortion was returned to “the people’s elected representatives” on June 24, 2022. And the people’s elected representatives have clearly spoken.
Kentucky’s current pro-life laws provide protections for the preborn members of our society, as well as the mother. But those commonsense laws are being challenged by those that profit from abortion. The case is currently before the Kentucky Supreme Court, which heard oral arguments on November 15.
The Family Foundation filed an amicus brief urging the Court to uphold Kentucky’s pro-life laws.
While the defeat of Amendment 2 was a missed opportunity to ensure activist judges don’t invent a right to abortion, it remains abundantly clear the KY Constitution does not support the egregious notion that preborn life deserves no protection.
The Kentucky Supreme Court needs to “judge with truth,” protect the precious “right to life” for the preborn, and resist the temptation to become a “super legislature.”