Abortion Ban

AFTER 12 WEEKS 

Kentucky's unconstitutional and unenforceable criminal ban outlaws abortions performed as early as twelve weeks.  Ky. Rev. Stat. Ann. §§ 311.595 (Enacted 1998), 311.720 (Enacted 1998), 311.765 (Enacted 1998), 311.990 (Enacted 1998). 

A court held that Kentucky's ban is unconstitutional in light of the U.S. Supreme Court's ruling in Stenberg v. Carhart and has issued a permanent injunction prohibiting its enforcement.  Eubanks v. Stengel, 224 F.3d 576 (6th Cir. 2000).  The U.S. Supreme Court held that a similar ban that lacks an exception to protect a woman's health and that bans more than one procedure is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).  Kentucky's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony and subjects physicians to disciplinary action by the State Board of Medical Licensure, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury.  Ky. Rev. Stat. Ann. §§ 311.595 (Enacted 1998), 311.720 (Enacted 1998), 311.765 (Enacted 1998), 311.990 (Enacted 1998). 

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.