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Kentucky Constitutional Amendment 2, No Right to Abortion in Constitution Amendment (2022)

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Kentucky Amendment 2
Flag of Kentucky.png
Election date
November 8, 2022
Topic
Abortion
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
State legislature

Kentucky Constitutional Amendment 2, the No Right to Abortion in Constitution Amendment, was on the ballot in Kentucky as a legislatively referred constitutional amendment on November 8, 2022.[1] The measure was defeated.

A "yes" vote supported amending the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding for abortion.

A "no" vote opposed amending the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding for abortion.


Additional information on abortion-related ballot measures

Election results

Kentucky Constitutional Amendment 2

Result Votes Percentage
Yes 675,634 47.65%

Defeated No

742,232 52.35%
Results are officially certified.
Source


Overview

See also: Text of measure

What would the amendment have added to the Kentucky Constitution?

Constitutional Amendment 2 would have amended the Bill of Rights of the Kentucky Constitution to state that nothing in the state constitution protects or secures a right to abortion or requires the funding of abortion.[2]

How did the campaigns react to Dobbs v. Jackson Women's Health Organization?

On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization, which held that "The Constitution does not confer a right to abortion; Roe and Casey were overruled; and the authority to regulate abortion was returned to the people and their elected representatives."[3] Ballotpedia tracked abortion-related ballot measure campaigns' responses to the ruling.

The Yes For Life campaign, the campaign supporting the measure, praised the Supreme Court ruling. "By overturning Roe v. Wade, the U.S. Supreme Court remedied one of the darkest decisions in its history and sent a clear message for life," the campaign said in a statement. "Kentuckians can vote on November 8th to make our Constitution unequivocally prolife. By voting Yes for Life, we can ensure there is no right to an abortion or the funding for abortions in Kentucky’s Constitution."[4]

Protect Kentucky Access, the campaign opposing the measure, also commented on the ruling. “The end of Roe v. Wade is the end of privacy, the end of safety, and the beginning of a new tyranny for all of us," the campaign said on Twitter. "Deciding whether or not to have an abortion is a medical decision that should be made between patients and their providers—not one to be made by the government alone. We can still turn back this terrible tide if we act together by defeating Question 2."[5][6]

What were supporters and opponents saying?

See also: Support and Opposition

Yes for Life led the campaign in support of the amendment. State Rep. Joseph Fischer (R) said, "HB 91 simply assures that no Kentucky court will ever be able to fashion an implicit right to abortion from the language of our state Constitution. There will be no Roe vs. Wade decision in Kentucky."[7]

Protect Kentucky Access led the campaign in opposition to the amendment. Tamarra Wieder, Kentucky state director of Planned Parenthood Advocates of Indiana and Kentucky, said, "Health care and the right to bodily autonomy are basic human rights. This constitutional amendment puts tens of thousands of Kentuckians’ access to safe, legal abortion at risk, and inserts the government into our individual, personal health care decisions. Abortion is health care and is a core component of social and economic equality for individuals, their families, and their communities."[8]

Did other states have similar constitutional provisions?

See also: Amendments declaring no state constitutional rights

As of January 2021, four states had constitutional amendments declaring that their constitutions do not secure or protect a right to abortion or require the funding of abortion. The first state to pass a constitutional amendment was Tennessee in 2014. In 2018, Alabama and West Virginia passed constitutional amendments. In 2020, Louisiana voters approved Amendment 1. Arkansas' constitutional amendment, passed in 1988, says, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."

On August 2, 2022, Kansas voters rejected a similar amendment to state that nothing in the state constitution creates a right to abortion or requires government funding for abortion and that the state legislature has the authority to pass laws regarding abortion. As of August 2022, nine states, including Kansas, provided a right to abortion under their state constitutions based on court rulings. None of these states provided an explicit constitutional right to abortion; rather, state courts ruled that provisions related to privacy, liberty, and equality provide a right to abortion.[9]

Text of measure

Ballot question

The ballot question was as follows:[2]

“ Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: 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?[10] ”

Constitutional changes

See also: Kentucky Constitution

The measure would have added section 26A to the state constitution's bill of rights. The following underlined text would be added:[2]

Section 26A. 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.[10]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 24, and the FRE is 19. The word count for the ballot title is 52.


Support

Yes for Life KY.png

Yes for Life led the campaign in support of the amendment.[7]

Supporters

Officials

Former Officials

Organizations

  • Catholic Conference of Kentucky
  • Commonwealth Policy Center
  • Family Foundation
  • Kentucky Baptist Convention
  • Kentucky Right to Life
  • Sisters for Life

Individuals

Arguments

  • State Rep. Joseph Fischer (R): "HB 91 simply assures that no Kentucky court will ever be able to fashion an implicit right to abortion from the language of our state Constitution. There will be no Roe vs. Wade decision in Kentucky."
  • Attorney General Daniel Cameron (R): "In terms of the values of Kentuckians, this is obviously an important issue. I’m proud to endorse this particular amendment, and I’m optimistic about its passage. ... Science and technology have certainly underscored just how early in the womb life begins, and as people can see images of that, it’s changing the national conversation about this [issue]."
  • Addia Wuchner, executive director of Kentucky Right to Life and chair of the Yes for Life Alliance: “The constitutional amendment is very clear. It protects taxpayer dollars, and it makes sure there is not an interpreted right of abortion in the constitution. It allows the lawmakers to be the lawmakers and make the laws that reflect the values of the people of Kentucky.”


Opposition

Protect Kentucky Access led the campaign in opposition to the amendment.[11]

Opponents

Officials

Organizations

  • ACLU of Kentucky
  • American Civil Liberties Union
  • Human Rights Campaign PAC
  • Kentucky Black Birth Workers Alliance
  • Kentucky Health Justice Network
  • Kentucky Religious Coalition for Reproductive Choice
  • League of Women Voters of Kentucky
  • Leo Weekly
  • Planned Parenthood Action Fund
  • Planned Parenthood Advocates of Indiana and Kentucky

Arguments

  • Alexis McGill Johnson, president of Planned Parenthood Action Fund: "This constitutional amendment is a blatant effort to take away Kentuckians’ fundamental rights and prevent individuals from making the health care decisions best for them and their families. As Kentuckians continue to grapple with the deadly impacts of the pandemic and systemic racism, restricting access to abortion is the last thing politicians should be focusing on right now."
  • Jackie McGranahan, policy strategist for the ACLU of Kentucky: "The Kentucky General Assembly continued its years-long attack on reproductive freedom today with the passage of House Bill 91, a proposed amendment to Kentucky’s Constitution to entirely deny the right to abortion care, even in cases of rape, incest, or life-threatening conditions. It would also enshrine an existing law prohibiting private insurance companies from covering abortion care. ... The ACLU of Kentucky will continue to work to defend Kentuckians’ reproductive freedom."
  • Tamarra Wieder, State Director of Planned Parenthood Advocates of Indiana and Kentucky: "Health care and the right to bodily autonomy are basic human rights. This constitutional amendment puts tens of thousands of Kentuckians’ access to safe, legal abortion at risk, and inserts the government into our individual, personal health care decisions. Abortion is health care and is a core component of social and economic equality for individuals, their families, and their communities."
  • League of Women Voters of Kentucky: "An individual’s right to personal reproductive autonomy is central to an individual's dignity and liberty to determine one’s own life course. Liberty is defined as ‘the state of being free within society from oppressive restrictions imposed by authority on one's way of life’ (Oxford Languages). We strongly oppose Amendment 2 to the Kentucky Constitution which is on the ballot this November. Amendment 2, in combination with KRS 311.772, the “Trigger Law”, would deny the right to abortion in all cases including rape and incest. Additionally, Amendment 2 and all anti-choice statutes interfere with the freedom and liberty of individuals and families to make critical and timely decisions with the best medical advice without government interference. Women’s rights are human rights, and we will continue to educate and advocate until reproductive freedom is restored in Kentucky."


Campaign finance

See also: Campaign finance requirements for Kentucky ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 8, 2022.


There were ballot measure committees, Yes for Life and Vote Yes For Life, registered in support of the amendment. Yes For Life reported $1.13 million in contributions and $1.13 in expenditures. Vote Yes For Life reported $6,772 in contributions and $6,772 in expenditures.[11]

There were five ballot measure committees registered in opposition to the amendment. Protect Kentucky Access reported $6.43 million in contributions and $6.37 million in expenditures. Step Up Speak Out Frankfort Committee reported $7,335 in contributions and $4,265.98 in expenditures. Students Voting No on Amendment 2 reported $21,508 in contributions and $14,109 in expenditures. Kentuckians For Freedom reported $35,604 in contributions and $35,724 in expenditures. Reproductive Access For All reported $94,775 in contributions and $91,374 in expenditures.[11]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $1,047,229.13 $96,991.85 $1,144,220.98 $1,044,873.13 $1,141,864.98
Oppose $6,501,104.32 $89,639.18 $6,590,743.50 $6,430,165.77 $6,519,804.95
Total $7,548,333.45 $186,631.03 $7,728,192.48 $7,475,038.90 $7,661,669.93

Support

The following table includes contribution and expenditure totals for the committees in support of the ballot measure.[11]

Committees in support of Constitutional Amendment 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Yes for Life $1,040,457.13 $96,991.85 $1,137,448.98 $1,038,101.13 $1,135,092.98
Vote Yes For Life $6,772.00 $0.00 $6,772.00 $6,772.00 $6,772.00
Total $1,047,229.13 $96,991.85 $1,144,220.98 $1,044,873.13 $1,141,864.98

Donors

The following table shows the top donors to the committees registered in support of the ballot measure.[11]

Donor Cash Contributions In-Kind Contributions Total Contributions
Catholic Conference Of Kentucky $398,853.19 $78.00 $398,931.19
Kentucky Baptist Convention $296,010.00 $0.00 $296,010.00
Right to Life Educational $175,000.00 $0.00 $175,000.00
The Family Foundation Of Ky $138,642.19 $29,616.79 $168,258.98
First Southern Funding, LLC $50,000.00 $0.00 $50,000.00
First Southern National Bank $50,000.00 $0.00 $50,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the ballot measure.[11]

Committees in opposition to Constitutional Amendment 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect Kentucky Access $6,353,428.07 $78,092.49 $6,431,520.56 $6,296,238.86 $6,374,331.35
Reproductive Access For All $87,649.00 $7,126.82 $94,775.82 $84,247.71 $91,374.53
Kentuckians For Freedom $35,604.00 $0.00 $35,604.00 $35,724.00 $35,724.00
Students Voting No On Amendment 2 $17,500.00 $4,008.09 $21,508.09 $10,101.00 $14,109.09
Step Up Speak Out Frankfort Committee $6,923.25 $411.78 $7,335.03 $3,854.20 $4,265.98
Total $6,501,104.32 $89,639.18 $6,590,743.50 $6,430,165.77 $6,519,804.95

Donors

The following table shows the top donors to the committees registered in opposition to the ballot measure.[11]

Donor Cash Contributions In-Kind Contributions Total Contributions
Planned Parenthood Action Fund $1,025,000.00 $1,022.44 $1,026,022.44
Sixteen Thirty Fund $585,000.00 $0.00 $585,000.00
American Civil Liberties Union $505,228.00 $14,071.00 $519,299.00
Advocacy Action Fund, Inc. $500,000.00 $0.00 $500,000.00
Stacy Schusterman $500,000.00 $0.00 $500,000.00
Planned Parenthood Alliance Advocates Serving WA AK ID HI IN $410,000.00 $14,425.21 $424,425.21

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2022 ballot measure media endorsements

Support

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • Lexington Herald Leader Editorial Board: "However, if Amendment 2 passes, courts could no longer interpret the Kentucky Constitution as protecting abortion as part of privacy and bodily autonomy. It would put the General Assembly solely in charge of legislating our reproductive rights. The judiciary would essentially be knocked out of any decisions regarding abortion challenges in our courts. And because it would eviscerate privacy for one group of people, some legal experts believe the amendment could lead to the further erosion of privacy rights in the state, possibly affecting issues like access to birth control or rights for LGBTQ Kentuckians. There are many opinions about abortion, how much it should be restricted or allowed. But most reasonable people believe that even the most stringent abortion restrictions should have exceptions for rape, incest and the life of the mother, and that reproductive decisions should be between families and their doctors, not elected politicians."


Background

History of abortion on the ballot

See also: History of abortion ballot measures

Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.

From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.


The status of abortion in Kentucky 2022

On August 2, 2022, the Kentucky Court of Appeals reinstated a state abortion ban in Kentucky.[12] On August 18, 2022, the Kentucky Supreme Court ruled that an abortion ban would remain in place while it reviewed arguments by abortion clinics challenging two state laws. Prior to this, abortions were temporarily legal in the state of Kentucky after a judge issued a ruling to prevent two laws from taking place. The first was the Human Life Protection Act (KRS 311.772), a trigger law that banned abortion in most circumstances unless the procedure was necessary to protect the life of the pregnant mother. This law came into effect after the Dobbs v. Jackson Women's Health Organization ruling. The EMW Womens Surgical Center, alongside of the ACLU, filed a lawsuit arguing that the law, along with another law, the Six Week Ban (KRS 311.7701-7711), violated the Kentucky Constitution by violating the rights to privacy, bodily autonomy, and self-determination. According to the ruling, the court found a “substantial likelihood that these laws violate the rights to privacy and self-determination" within the Kentucky Constitution. Attorney General Daniel Cameron argued that "a right to abortion is not grounded in the text and history of our state’s governing document."[13]

The status of abortion rights across the states

As of June 2022, at least nine states provided a state constitutional right to abortion based on court rulings.[14] Ballotpedia has identified six ballot measures to amend state constitutions to declare that nothing in the state constitution provides a right to abortion. In Tennessee (2014), Alabama (2018), West Virginia (2018), and Louisiana (2020), these constitutional amendments were passed. In Massachusetts (1986) and Florida (2012), these constitutional amendments were defeated.

The following map illustrates the states where courts have ruled that a right to abortion exists under the state constitution and states with constitutional amendments stating that no right to abortion exists under the state constitution:

Rulings for state constitutional rights

At least nine states provide a right to abortion under their state constitutions based on court rulings. None of these states provide an explicit constitutional right to abortion; rather, state courts have ruled that provisions related to privacy, liberty, and equality provide a right to abortion. The following is a list of states where courts have ruled that state constitutions provide a right to abortion:[14]

  • Alaska: In Valley Hospital Association v. Mat-Su Coalition for Choice (1997), the Alaska Supreme Court ruled that Amendment 3 (1972), which declared that people have a right to privacy, provided a right to abortion.[15] Attorney General Kevin Clarkson (R), appointed in 2018, said, "Basically, Alaska provides more protection for abortion rights than the federal Constitution. So if Roe vs. Wade were overturned, in Alaska, nothing would change. ... What could change things in Alaska to move it towards a more protective-of-life perspective would be an amendment to the Alaska Constitution."[16]
  • California: In People v. Belous (1969), the California Supreme Court ruled that women have "[constitutional] rights to life and to choose whether to bear children." The court's ruling stated that "the fundamental right of the woman to choose whether to bear children follows from the Supreme Court's and this court's repeated acknowledgment of a 'right of privacy' or 'liberty' in matters related to marriage, family, and sex."[17] Voters approved Proposition 11 in 1972. The proposition established a constitutional right to privacy. The state Supreme Court cited Proposition 11 in Committee to Defend Reproductive Rights v. Myers (1981), which stated that "the protection afforded the woman's right of procreative choice as an aspect of the right of privacy under the explicit provisions of our Constitution."[18] In 2002, the California State Legislature passed the Reproductive Privacy Act, which added language to state statute declaring that women have a "fundamental right to choose to bear a child or to choose and to obtain an abortion."[19]
  • Florida: The Florida Supreme Court decided the case In re T.W., a Minor in 1989, holding that Amendment 2, passed in 1980, included a right to abortion before viability. The state Supreme Court's ruling said that Amendment 2, which established a state constitutional right to privacy, "is clearly implicated in a woman's decision of whether or not to continue her pregnancy."[20] In 2004, the Florida State Legislature referred Amendment 1, which required parental notification for a minor to receive an abortion, to the ballot.[21] Amendment 1 exempted the notification from the constitutional right to privacy. Voters approved Amendment 1. In 2011, the state legislature referred Amendment 6 to the ballot for November 6, 2012. Amendment 6 contained a provision that stated, "This constitution may not be interpreted to create broader rights to an abortion than those contained in the United States Constitution."[22] Voters rejected Amendment 6.
  • Illinois: In Hope Clinic for Women, Ltd. v. Flores (2013), the Illinois Supreme Court held that the state constitution's due process clause guarantees a right to abortion. The majority wrote, "[W]e find no state grounds for deviating from the United States Supreme Court's interpretation that the federal due process clause protects a woman's right to an abortion. Therefore, at this time, we interpret our state due process clause to provide protections, with respect to abortion, equivalent to those provided by the federal due process clause."[23]
  • Massachusetts: In Moe v. Secretary of Administration and Finance (1981), the Massachusetts Supreme Judicial Court held that "the Massachusetts Declaration of Rights affords a greater degree of protection to a woman's right to decide whether or not to terminate a pregnancy by abortion than does the Federal Constitution."[24] The Massachusetts General Court referred a constitutional amendment to the ballot in 1986, which stated, "Nothing in this Constitution shall prevent the General Court from regulating or prohibiting abortion unless prohibited by the United States Constitution, nor shall anything in this Constitution require public or private funding of abortion, or the provision of services or facilities therefor, beyond that required by the United States Constitution."[25]
  • Minnesota: The Minnesota Supreme Court ruled in Women of Minnesota v. Gomez (1995) that "under our interpretation of the Minnesota Constitution's guaranteed right to privacy, the difficult decision whether to obtain a therapeutic abortion will not be made by the government, but will be left to the woman and her doctor." The state Supreme Court cited Sections 2, 7, and 10 of Article I of the Minnesota Constitution to determine that women had a constitutional right to abortion.[26]
  • Montana: In Armstrong v. State (1999), the Montana Supreme Court held that Section 10 of Article II of the Montana Constitution provided women with a right to procreative autonomy, including an abortion before fetal viability. Section 10 read, "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest." The provision was included as part of the 1972 Montana Constitution.[27]
  • New Jersey: In 2000, the New Jersey Supreme Court ruled that abortion is a state constitutional right in Planned Parenthood of Central New Jersey v. Farmer. The ruling stated that Section 1 of Article I of the New Jersey Constitution "incorporates within its terms the right of privacy and its concomitant rights, including a woman's right to make certain fundamental choices."[28]

Amendments declaring no state constitutional rights

As of January 2022, four states had constitutional amendments declaring that their constitutions do not secure or protect a right to abortion or require the funding of abortion. The first state to pass a constitutional amendment was Tennessee in 2014. In 2018, Alabama and West Virginia passed constitutional amendments. In 2020, Louisiana voters approved Amendment 1. Arkansas has a constitutional amendment, passed in 1988, that says, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."

  • Tennessee Amendment 1 (2014): Amendment 1 received 52.6 percent of the vote, making Tennessee the first state with an amendment proclaiming that the state constitution does not secure or protect a right to abortion or require the funding of abortion. Amendment 1 was proposed as a response to the Tennessee Supreme Court's ruling in Planned Parenthood v. Sundquist (2000), which held that the state constitution provided a right to procreational autonomy. Sen. Mae Beavers (R-17), who was a legislative sponsor of Amendment 1, said, "[The amendment] is meant to neutralize the 2000 [state] Supreme Court decision."[29]
  • Alabama Amendment 2 (2018): Amendment 2 received 59.0 percent of the vote. Amendment 2 declared that the state constitution does not secure or protect a right to abortion or require the funding of abortion. The constitutional amendment also said the state's public policy was to "recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life." In the Alabama State Legislature, Amendment 2 received a unanimous vote from the Republicans. Three Democrats voted in favor of the amendment, and 31 opposed it.[30]
  • West Virginia Amendment 1 (2018): Amendment 1 passed with 51.7 percent of the vote. Amendment 1 declared that the state constitution does not secure or protect a right to abortion or require the funding of abortion. According to the West Virginia Bureau for Medical Services, Amendment 1 invalidated the state Supreme Court's ruling in West Virginia Women’s Health Center v. Panepinto (1993), which held that the state had to fund abortion via Medicaid.[31] Legislative Republicans voted to put the constitutional amendment on the ballot. In the House, three Democrats voted in favor of it, and nine voted against it. In the Senate, 10 Democrats voted in favor of it, and 25 voted against it.[32]
  • Louisiana Amendment 1 (2020): Amendment 1 passed with 62.1 percent of the vote. Amendment 1 added language to the Louisiana Constitution stating that "nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion."[33]

Ruling for state constitutional right overturned

In 2018, the Iowa Supreme Court held that women have a state constitutional right to abortion in Planned Parenthood v. Reynolds. Chief Justice Mark Cady wrote, "Autonomy and dominion over one’s body go to the very heart of what it means to be free. ... We therefore hold, under the Iowa Constitution, that implicit in the concept of ordered liberty is the ability to decide whether to continue or terminate a pregnancy."[34] During the 2019 legislative session, several joint resolutions were introduced to amend the Iowa Constitution to state that nothing in the constitution secured or protected a right to abortion or abortion funding. However, none of the resolutions were passed.[35]

On June 17, 2022, the state Supreme Court overturned its 2018 decision arguing that the former ruling establishing a right to abortion "insufficiently recognizes that future human lives are at stake." The ruling concerned a 2020 law authorizing a 24-hour waiting period before an abortion. Since the 2018 ruling, Gov. Kim Reynolds (R) has appointed four of the seven justices.[36]


U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background.[37]

Path to the ballot

See also: Amending the Kentucky Constitution

In 2022, to put a legislatively referred constitutional amendment before voters, a 60% supermajority vote was required in both the Kentucky State Senate and the Kentucky House of Representatives.

The state House approved the amendment 76-20 on February 25, 2021, along party lines. All voting Republicans and two Democrats approved the amendment in the House. Twenty Democrats voted against the amendment. Three Democrats and one Republican were absent. On March 30, 2021, the state Senate approved the amendment in a vote of 32-6.[1]

Vote in the Kentucky House of Representatives
February 25, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 60  Approveda
YesNoNot voting
Total76204
Total percent76.00%20.00%4.00%
Democrat2203
Republican7401
Vote in the Kentucky State Senate
March 30, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 23  Approveda
YesNoNot voting
Total3260
Total percent84.2%15.8%0.0%
Democrat260
Republican3000

How to cast a vote

See also: Voting in Kentucky

Click "Show" to learn more about voter registration, identification requirements, and poll times in Kentucky.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Kentucky State Legislature, "House Bill 91," accessed March 1, 2022
  2. ↑ 2.0 2.1 2.2 Kentucky Legislature, "House bill 91, text," accessed March 1, 2022
  3. ↑ U.S. Supreme Court, "Dobbs v. Jackson Women's Health Organization," June 24, 2022
  4. ↑ Yes for Life KY, "Dobbs Decision Begins a New Phase of ProLife Advocacy," June 24, 2022
  5. ↑ Twitter.com, "Protect Kentucky Access @jointoprotectky," June 24, 2022
  6. ↑ Twitter.com, "Protect Kentucky Access @jointoprotectky," June 24, 2022
  7. ↑ 7.0 7.1 Yes for Life KY, "Home," accessed August 23, 2021
  8. ↑ Planned Parenthood Action, "Kentucky General Assembly Puts Abortion on the 2022 Ballot," accessed September 2, 2021
  9. ↑ Guttmacher Institute, "Ensuring Access to Abortion at the State Level: Selected Examples and Lessons," January 9, 2019
  10. ↑ 10.0 10.1 10.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  11. ↑ 11.0 11.1 11.2 11.3 11.4 11.5 11.6 Kentucky Registry of Election Finance, "Organization Search," July 22, 2022
  12. ↑ The Washington Post, "Kentucky judge reinstitutes state abortion ban, reversing lower court," Aug 2, 2022
  13. ↑ WKYT, "Judge makes decision on Kentucky’s abortion ban," July 22, 2022
  14. ↑ 14.0 14.1 The Guttmacher Institute, "Ensuring Access to Abortion at the State Level: Selected Examples and Lessons," January 9, 2019
  15. ↑ Alaska Supreme Court, Valley Hospital Association v. Mat-Su Coalition for Choice, November 21, 1997
  16. ↑ Alaska Public Media, "What happens if Roe v. Wade goes? In Alaska, ‘nothing’," September 10, 2018
  17. ↑ California Supreme Court, "People v. Belous, September 5, 1969
  18. ↑ California Supreme Court, "Committee to Defend Reproductive Rights v. Myers," March 20, 1981
  19. ↑ California State Legislature, "Reproductive Privacy Act," September 5, 2002
  20. ↑ Florida Supreme Court, In re T.W., a Minor, October 5, 1989
  21. ↑ Florida State Legislature, "House Joint Resolution 1," accessed June 25, 2019
  22. ↑ Florida State Legislature, "House Joint Resolution 1179," accessed June 25, 2019
  23. ↑ Case Text, Hope Clinic for Women, Ltd. v. Flores, July 11, 2013
  24. ↑ Massachusetts Supreme Judicial Court, "Moe v. Secretary of Administration and Finance," February 18, 1981
  25. ↑ Massachusetts General Court, "House Bill 3310," accessed June 25, 2019
  26. ↑ Minnesota Supreme Court, "Women of Minnesota v. Gomez," December 15, 1995
  27. ↑ Montana Supreme Court, "Armstrong v. State," October 26, 1999
  28. ↑ New Jersey Supreme Court, "Planned Parenthood of Central New Jersey v. Farmer," August 15, 2000
  29. ↑ Commercial Apparel, "Tennessee Senate advances abortion amendment," April 18, 2011
  30. ↑ Alabama State Legislature, "House Bill 98," accessed March 16, 2017
  31. ↑ West Virginia Metro News, "West Virginia’s rapid political shift on abortion," August 29, 2015
  32. ↑ West Virginia Legislature, "Senate Joint Resolution 12," accessed February 9, 2018
  33. ↑ Louisiana State Legislature, "HB 425," accessed April 24, 2019
  34. ↑ Iowa Supreme Court, "Planned Parenthood v. Reynolds," September 18, 2018
  35. ↑ Des Moines Register, "Gov. Kim Reynolds supports anti-abortion language in the Iowa Constitution," February 5, 2019
  36. ↑ CNN, "Iowa Supreme Court rules state constitution does not protect right to abortion," June 17, 2022
  37. ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
  38. ↑ Kentucky State Board of Elections, "Election Day Information," accessed July 26, 2024
  39. ↑ 39.0 39.1 Commonwealth of Kentucky State Board of Elections, "Registration," accessed July 26, 2024
  40. ↑ Kentucky General Assembly, "116.045 Voter registration, transfer, or change of party affiliation -- Availability of forms," accessed July 24, 2024
  41. ↑ Kentucky General Assembly, "116.0452 Standards for timely receipt of voter registration application -- Removal of names from registration books -- Confidentiality of registration location," accessed July 24, 2024
  42. ↑ Commonwealth of Kentucky State Board of Elections, "Commonwealth of Kentucky Voter Registration Application," accessed November 1, 2024
  43. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  44. ↑ Kentucky State Board of Elections, "Election Day Information," accessed July 25, 2024
  45. ↑ FindLaw.com, "Kentucky Revised Statutes Title X. Elections § 117.227. Confirmation of voter's identity," accessed July 25, 2024
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