Kentucky legislature overturns Beshear’s abortion veto

Planned Parenthood, the American Civil Liberties Union and the ACLU of Kentucky announced plans to swiftly challenge the law.

House Bill 3 prohibits a physician from performing, inducing or attempting to perform an abortion after 15 weeks of pregnancy, or to induce an abortion, except in a medical emergency. This does not include exceptions in cases of rape and incest.

The measure requires that drugs used in drug abortion be provided only by a qualified physician and prohibits sending the drugs through the mail.
Under the bill, abortion drugs cannot be given to a patient without obtaining “informed consent” at least 24 hours in advance, which includes signing a state document acknowledging that “the effects of abortion-inducing It may be possible to reverse “medication if desired but it must be done as soon as possible”—a claim that the American College of Obstetricians and Gynecologists says is “not based on science” and “according to clinical standards.” does not fulfill.”
The law also amends Kentucky law relating to minors receiving abortions.

Current statutes do not permit such abortions unless an attending physician has obtained the “informed written consent” of the minor and the parent or legal guardian, the minor is freed or the court approves the minor’s petition for abortion. gives. The bill now requires a consenting parent or legal guardian to make a “reasonable effort to notify” any other parent who has joint or physical custody at least 48 hours prior to providing consent.

Beshear vetoed the bill last week, arguing it was “potentially unconstitutional” after the US Supreme Court ruled similar laws in Texas and Louisiana unconstitutional.

“Specifically, House Bill 3 requires physicians performing non-surgical procedures to maintain hospitalization privileges in geographic proximity to the location where the procedure is performed. The Supreme Court has upheld such requirements. unconstitutional because it makes it impossible for women, including those who have a child, to obtain a process in certain areas of the state to be a victim of rape or incest,” the governor wrote in his veto message delivered last week. Was.

The ACLU said in a statement after the veto override that it intended to challenge the 15-week abortion ban included in the bill and argued that the law was required to provide drug abortion despite the state not having such a system. the wanted.

ACLU spokesman Samuel Crankshaw said, “The lawsuits would argue that the law would create unnecessary abortion requirements, as well as make those requirements impossible to comply with the law’s immediate effective date, making it impossible for providers in the state to offer abortion care services.” Will be forced to close.” “Because the law is impossible to comply with, it amounts to a de facto abortion ban, which violates patients’ federal right to abortion care under Roe v. Wade.”


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