Please do forgive me: this is a very long follow-up post, to the Texas Hellscape series. Now, the ACLU has been forced to file suit in Kentucky, on an eerily similar fact pattern.
In this case, the woman is only about eight weeks pregnant(!), but she and her doctors know she needs to terminate. And no one should have the right to jail her, or the doctors, for removing a cell-line from inside her own body. So this is a state level class action, as of Friday -- the complaint (a 6 MB PDF), in full -- and the presser:
. . .A Kentucky woman filed a lawsuit [December 8, 2023] in Jefferson County Circuit Court challenging two of the Commonwealth’s abortion bans. The case details the severe harms that Jane Doe, who is approximately eight weeks pregnant, and a class of all pregnant Kentuckians seeking abortion are enduring because the government has denied her access to the care she needs.
Jane Doe brings the class action on behalf of all Kentuckians who are pregnant and seeking abortion to strike down these abortion bans, which have been in effect since August 2022, under the state constitutional right to privacy and self-determination.
Statement from Jane Doe, lead plaintiff in class-action lawsuit:
“I am a proud Kentuckian and I love the life and family I have built here. But I am angry that now that I am pregnant and do not want to be, the government is interfering in my private matters and blocking me from having an abortion. This is my decision—not the government’s or any other person’s. I am bringing this lawsuit because I firmly believe that everyone should have the ability to make their own decisions about their pregnancies. I hope this case will restore abortion access in Kentucky, if not for me then for the countless people in the future who deserve the autonomy to decide what is best for themselves and their families.”
Statement from Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project:
“Jane Doe should have the power to make decisions about her body, and to access essential health care in her community, but Kentucky politicians have denied her that fundamental right. Kentucky’s abortion bans violate the Kentucky Constitution, including its promise of protecting everyone’s right to privacy, which encompasses the right to access abortion. These bans have harmed countless Kentuckians since going into effect last year, and we are relieved to be back in court to try to restore abortion access in Kentucky. Jane Doe has tremendous courage to step forward, and we invite others to join her in the case as well.”
Statement from Amber Duke, executive director for the ACLU of Kentucky:
“We at the ACLU of Kentucky said we would not rest until access to abortion was restored in our commonwealth. Today, alongside our brave client Jane Doe, we renew our legal fight. Kentuckians have been forced to either travel hundreds of miles or carry pregnancies against their will, resulting in life-altering consequences and serious health risks over the past year. We know Kentuckians support access to legal, safe abortion care without government interference. They said so clearly when they soundly rejected anti-abortion Amendment 2. We hope for a victory that aligns with the will of the people and overturns these unconstitutional bans.”
Statement from Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky:
“Jane Doe’s decision to fight back in court while pregnant and in need of an abortion is beyond brave. In challenging the state’s abortion bans, she has provided hope for reproductive freedom that Kentuckians so desperately need. But this lawsuit should not have been necessary in the first place. Every Kentuckian should have access to abortion in their own state, because this is essential reproductive health care. The right to privacy and self-determination should not be up for political debate, because Kentuckians believe that government does not belong in our medical decisions. Planned Parenthood is proud to fight alongside Jane Doe until abortion access is restored for people all across the Commonwealth. . . .”
So true. And truly. . . shocking -- that we are back to the early 1950s -- in many states like Texas, Kentucky, Mississippi, and Alabama [and the more rural counties in Tennessee and Florida].
Increasingly, in the marginal / collar states -- this is becoming a question of whether local law enforcement is willing to invade the homes and lives of good women, who meet privately with their doctors -- to discuss health care choices. In Nashville and nearby, they will not. But out east, toward Chattanooga, in the smaller towns. . . who knows? Ugly. Just. . . ugly.
नमस्ते
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