Kentucky Court Blocks Trigger Law Prohibiting Abortions

A state judge in Kentucky issued an order Friday continuing the block he placed previously on the state’s law banning most abortions that was triggered by the Supreme Court’s reversal of Roe v. Wade last month.

Jefferson County Circuit Court Judge Mitch Perry extended the order entered in June on a temporary basis until the final trial in the case is conducted. No date has yet been set for trial.

Perry found in his opinion that the state law likely violates the rights of Kentucky residents to privacy and self-determination. He wrote that “taking away the choice to have an abortion in many instances” must not be allowed, despite the Supreme Court’s reversal of Roe and the Kentucky legislature’s legally enacted law.

Perry also wrote that the belief that life begins with conception is a “distinctly Christian and Catholic belief.” Even though Christian beliefs are not the basis for the passage of the trigger law, Perry went on to say that the legislature is “not permitted to single out and endorse the doctrine of a favored faith for preferred treatment.”

Because of what he described as significant state constitutional questions, he said the law should not be enforced until the full trial is completed.

Planned Parenthood issued a statement praising Perry’s order, saying that it “rightly stopped Attorney General Daniel Cameron’s relentless efforts to ban abortion.” The abortion industry giant added that it believes “Kentuckians have a right to abortion under the state constitution” and said that it will continue to fight the statute passed by the people’s representatives.

Cameron is a Republican and has been defending the statutes being challenged by abortion advocates and said in a statement that he is disappointed with the court’s ruling and plans to appeal to a higher court.

He added that the judge’s “suggestion that Kentucky’s constitution contains a right to abortion is not grounded in the text and history of our state’s governing document.” He said that his office will continue to defend the laws that “represent the commonwealth’s commitment to the lives of the unborn.”

Perry found that the right of a woman to control her own body outweighs the state’s interest in “protecting a fetus before it is viable.” He also found that abortion procedures are properly deemed under state law to be health care.