Kentucky judge extends stall on state abortion ban

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July 22 (Reuters) – A Kentucky judge on Friday extended the state’s ban on enforcing an abortion ban triggered by the U.S. Supreme Court’s decision last month to overturn its 1973 decision Roe v. Wade guaranteeing women nationwide the right to obtain abortions.

Jefferson County Circuit Judge Mitch Perry agreed with two abortion clinics, including a Planned Parenthood affiliate, that the ban and a separate law banning abortions after about six weeks of pregnancy likely violated the constitution of the state.

The Louisville judge had previously, on June 30, temporarily blocked enforcement as he considered issuing Friday’s injunction, which will allow abortion services to continue for the duration of the trial.

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Republican Attorney General Daniel Cameron, gubernatorial candidate, said in a statement he would appeal, saying “Perry’s suggestion that the Kentucky constitution contains an abortion right is not based on the text and history of the document governing our state”.

The ruling came amid a flurry of litigation by abortion clinics nationwide challenging bans and restrictions that began to take effect in predominantly Republican-run states after the June 24 ruling. of the US Supreme Court with a conservative majority.

About half of the states have or should seek to ban or reduce abortions. These states include Kentucky, which like 12 others passed “trigger” laws banning or restricting abortion after Roe v. Wade was knocked down. Read more

But in a 20 page decisionPerry said there is a strong likelihood that Kentucky laws violate women’s rights to privacy and self-determination under the state constitution, as well as the rights to equal protection and religious freedom.

He said the state’s “trigger” ban was vague and likely an unconstitutional delegation of legislative authority to the U.S. Supreme Court itself.

“The plaintiffs have demonstrated at the very least a substantial issue as to the constitutionality of the trigger ban and the six-week ban,” Perry wrote.

Kentucky residents will vote in November on a constitutional amendment declaring that nothing in the state constitution creates a right to abortion.

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Reporting by Nate Raymond in Boston, Editing by Franklin Paul, Diane Craft and Aurora Ellis

Our standards: The Thomson Reuters Trust Principles.


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