FRANKFORT, KY – Attorney General Daniel Cameron in September continued his efforts to protect unborn life by filing a brief with the Supreme Court of Kentucky to defend Kentucky's Human Life Protection Act and Heartbeat Law.
The Attorney General's filing argues that Kentucky's General Assembly has the policy-making prerogative to prohibit all abortions and that these pro-life laws should remain in effect.
"Kentucky's Constitution does not protect the right to an abortion; this matter has clearly been given to the people's representatives in the Kentucky General Assembly, and they have spoken on this issue," said Attorney General Cameron. "I urge the Court to reject the abortion facilities' arguments that our Constitution protects an unwritten right to an abortion and to uphold these important pro-life laws."
In the filing, Attorney General Cameron stated, "Since 1879, Kentucky's courts have recognized the General Assembly's prerogative to prohibit abortion. And just before Roe was decided, this Court's predecessor reaffirmed that regulating abortion is a matter for the legislature. No Kentucky case has come close to saying otherwise. That is because, like the U.S. Constitution, Kentucky's Constitution 'is neutral on the issue of abortion and allows the people and their elected representatives to address the issue through the democratic process.'"
Kentucky's Human Life Protection Act took effect immediately upon the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. The Human Life Protection Act and the Heartbeat Law were quickly challenged by two Kentucky abortion facilities, Planned Parenthood and EMW. A circuit judge in Louisville granted the abortion facilities' request to stop enforcement of the laws.
In July, Attorney General Cameron filed an appeal in the Kentucky Court of Appeals seeking to have the Human Life Protection Act and the Heartbeat Law reinstated in the Commonwealth. The Kentucky Court of Appeals granted that request. In August, the Supreme Court of Kentucky, at the urging of Attorney General Cameron, allowed these laws to remain in force while the case proceeds forward.
Today's brief follows the Supreme Court's decision to consider the challenge to the Human Life Protection Act and the Heartbeat Law on an expedited basis. Oral arguments are scheduled before the Supreme Court of Kentucky for November 15, 2022.
View the filing here.