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Abortion Ban


Kentucky has an unconstitutional and unenforceable ban that outlaws abortion procedures as early as 12 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 unconstitutionally overbroad and 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 has no 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 ban makes the provision of any abortion procedure that falls within a broad definition, unless necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury, a felony and subjects physicians to disciplinary action by the State Board of Medical Licensure,  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 certain second-trimester abortion procedures and has no 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.

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