Abortion rights upheld in Kentucky, other states across country

Kentucky voters have rejected a proposed constitutional amendment that would have removed abortion rights protections from the constitution. Abortion rights were also upheld in other states across the country, including Vermont, California, and Montana.

First Look

Kentucky voters rejected a ballot measure aimed at denying any constitutional protections for abortion, handing a victory to abortion-rights supporters who have seen access to the procedure eroded by Republican lawmakers in the deeply red state.

The outcome of the election that concluded Tuesday highlighted what appeared to be a gap between voter sentiment and the expectations of Kentucky’s GOP-dominated legislature, which imposed a near-total ban on abortions and put the proposed constitutional amendment on the ballot.

While a significant moral victory for abortion-rights advocates, the amendment’s defeat will have no practical impact on the right to an abortion if a sweeping ban on the procedure approved by lawmakers survives a legal challenge presently before the state Supreme Court.

Still, the amendment’s rejection leaves open the possibility that abortion could be declared a state right by the court.

Rachel Sweet of Protect Kentucky Access, an abortion-rights coalition, hailed the outcome as a “historic win” against “government overreach” into the personal medical decisions of Kentuckians.

“The people of Kentucky have spoken and their answer is no – no to extremist politicians banning abortion and making private medical decisions on their behalf,” said Amber Duke, interim executive director for the ACLU of Kentucky.

Abortion-rights supporters who suffered years of setbacks in Kentucky’s legislature were jubilant, but said considerably more work is ahead in their quest to restore access to the procedure.

The Family Foundation, a faith-based organization opposed to abortion, said Wednesday that “the fight for the unborn” will continue.

“While we are disappointed in the results of Amendment 2, the pro-life movement in Kentucky and across the nation, is steadfast in its resolve to continue defending life,” David Walls, the group’s executive director, said in a written statement. “Kentucky’s laws protecting preborn children remain in place and Kentuckians have returned large, pro-life legislative majorities to the General Assembly.”

The Kentucky ballot question had asked voters if they wanted to amend the constitution to say: “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”

A year ago, lawmakers had added the proposed amendment to the 2022 general election slate in a move some thought would drive more conservative voters to the polls at a time before the U.S. Supreme Court decision in June overturning Roe v. Wade.

Since then, voters in Kansas have rejected a ballot measure that would have changed that state’s constitution to let lawmakers tighten restrictions or ban abortions. Kentucky was among a handful of states with abortion referendums on the ballot this fall.

The Kentucky Supreme Court has a hearing next week on challenges by the state’s two remaining abortion clinics to the near-total abortion ban approved by lawmakers. The high court ruled this summer that the ban would stay in place while it reviewed the challenges.

Abortion-related court battles have been frequent and fierce in Kentucky since Republicans took full control of the legislature after the 2016 election. Lawmakers enacted a series of laws adding restrictions and requirements for those seeking to end their pregnancies.

Fervor ran high on both sides during the campaign, as donations poured in, politicians spoke out, volunteers canvassed neighborhoods, and advocates accused the opposition of misleading voters.

The legislature previously enacted a so-called trigger law banning nearly all abortions if the Supreme Court overturned Roe v. Wade. The only instances when abortions are currently allowed in Kentucky are to save a pregnant woman’s life or to prevent disabling injury. There are no exceptions for rape or incest victims. Pointing to the extremely narrow exceptions, abortion-rights supporters said the legislature’s hardline stand on abortion made constitutional protections necessary.

Abortion opponents, in pushing for the amendment, said it would have ensured abortion policy comes from the legislature – where they say it belongs – and not from the courts.

Abortion rights were also upheld elsewhere across the country.

A reproductive-rights question in Vermont came after Legislature passed a law in 2019 guaranteeing reproductive rights, including getting pregnant and having access to birth control. Supporters with the Reproductive Liberty Ballot Committee said the overturning of Roe meant “state-level protections are vital to safeguarding access to reproductive health care.”

California already had passed several measures aimed at easing access to abortion and set aside millions of taxpayer dollars to help pay for some out-of-state abortion travel. On Tuesday, voters approved language that would explicitly guarantee access to abortion and contraception in the state constitution.

The question for Montana voters was whether to create criminal penalties for health care providers unless they do everything “medically appropriate and reasonable” to save the life of a baby after birth, including the rare possibility of birth after an attempted abortion.

This story was reported by The Associated Press. AP writer Lindsay Whitehurst contributed to this report.