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Kentucky judge grants temporary injunction over state's trigger law banning abortion

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Posted at 11:03 AM, Jul 22, 2022
and last updated 2022-07-22 17:21:39-04

(LEX 18) — A judge has granted a temporary injunction that blocks the enforcement of abortion bans in Kentucky. Abortion procedures remain legal in the state for now.

The ACLU has filed a lawsuit over the state's trigger law, signed by former Gov. Matt Bevin, which immediately banned abortion in Kentucky after the Supreme Court overturned Roe v. Wade.

The organization wanted the judge to continue blocking the trigger law from going into effect while the lawsuit played out in court. Attorney General Daniel Cameron's office wanted the trigger law to take effect as the case was being decided.

In the ruling, Jefferson Circuit Judge Mitch Perry writes "...the Plaintiffs have demonstrated at the very least a substantial question as to the merits regarding the constitutionality of both the Trigger Ban and the Six Week Ban..."

"Once again, the courts have rightly stopped Attorney General Daniel Cameron’s relentless efforts to ban abortion, which would have devastating consequences for Kentuckians," said ACLU leaders and Planned Parenthood in a statement. "No one should be forced to carry a pregnancy against their will or flee the state to access essential health care. Kentuckians have a right to abortion under the state constitution, and we’ll continue fighting for that right so that every person in the commonwealth can get the care they need."

"A Louisville Judge's decision today to continue halting Kentucky's Human Life Protection Act and Heartbeat Law is disappointing, and we will seek appellate relief," said Attorney General Cameron in a statement. "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. We will continue our steadfast defense of these bipartisan laws that represent the Commonwealth's commitment to the lives of the unborn."

The court is not deciding whether the Kentucky Constitution "explicitly contains the right to an abortion." It's whether the bans violate "the rights of privacy, self-determination, equal protection, and religious freedom" guaranteed by the Kentucky Constitution.