Kentucky’s legislators are once again diving into the abortion debate with two new bills aimed at allowing exceptions to the state’s near-total abortion ban. But will these bills be passed in a divided legislature dominated by Republicans?
The new bills, filed by Senators and Representatives in early January, propose changes to Kentucky’s existing abortion law, allowing access in specific cases like nonviable pregnancies and pregnancies resulting from rape or incest. With Republican supermajorities in both the Kentucky Senate and House, the question remains: Can these bills find the support they need to move forward?
Senator David Yates of Louisville introduced Senate Bill 35, while Representative Ken Fleming, also from Louisville, proposed House Bill 203. Both bills are similar, aiming to open up abortion access under certain conditions. Yates has called his bill “Hadley’s Law,” named after Hadley Duvall, a Kentucky woman who became pregnant as a result of rape by her stepfather and has advocated for fewer restrictions on abortion.
The two bills have key differences. The Senate bill allows for abortion when a pregnancy is the result of rape or incest or if the fetus is deemed nonviable by a doctor. The House bill, however, limits abortion for rape and incest cases to within six weeks of the pregnancy.
Despite the introduction of these bills, their future in Kentucky’s Republican-controlled legislature is uncertain. Both bills were introduced with the goal of advancing abortion access, but last year, similar bills failed to get past committee stages in the House and Senate. This year, with fewer bills expected to pass, it’s unclear how high abortion-related legislation will rank on the list of priorities for the Republican lawmakers.
House Floor Leader Steven Rudy, who represents Paducah, said discussions on the matter are ongoing but that the House has yet to settle on a clear direction for handling abortion exceptions. Senate President Robert Stivers echoed this uncertainty, stating that a pending lawsuit against the state’s abortion laws complicates the issue further. The lawsuit, filed by a pregnant woman represented by the ACLU of Kentucky, seeks to challenge the state’s abortion ban, but it is unclear how this case will affect the legislative debate.
While the debate rages on, some lawmakers like Yates remain vocal about the need for change. Yates has emphasized the importance of an open and honest conversation, even acknowledging that not everyone will agree on the issue. He expressed his hope for a fair debate where both sides can be heard.
However, some lawmakers fear political backlash if they vote in favor of the bills. Yates has stated that some senators may support his proposal but hesitate due to the potential consequences they may face within their party. “I strongly believe this is something that victims of rape and incest deserve,” Yates said.
Meanwhile, Fleming has remained firm in his belief that his proposal has support in the House. He emphasized the need for clarity in medical guidelines for abortion and compassion for victims of rape and incest. His supporters argue that the state legislature can act to provide more access to reproductive healthcare regardless of the pending lawsuit.
But with the General Assembly focused on other priorities, such as reducing state income tax, there’s little time left in this session to push the abortion bills forward. The legislature will reconvene in February, and abortion exceptions are unlikely to be the top priority for lawmakers.
ACLU of Kentucky Executive Director Amber Duke argued that the state’s Republican leaders have the power to pass abortion-related laws regardless of the pending lawsuits. She pointed out that lawmakers passed a bill on marriage licenses in 2016 despite an ongoing legal battle involving the former Rowan County Clerk. Duke contended that Kentuckians are currently being denied access to the reproductive care they need, and lawmakers have the power to change that.
As the legislative session continues, the question remains: Will Kentucky lawmakers finally act to ease the state’s strict abortion laws, or will political divisions and legal hurdles delay any changes? The answer will likely depend on the ability of lawmakers to compromise on this deeply divisive issue and whether they can find common ground on how to handle exceptions for rape and incest.
The coming weeks will be crucial in determining whether Kentucky’s abortion laws will shift or remain in their current state. Only time will tell if these bills will make it to the Senate floor or face another round of uncertainty in the state’s legislative process.
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