Judge rejects Jewish women's challenge to Kentucky's near-total abortion ban

A Jefferson County Circuit Court judge has ruled that three Jewish women who argue that Kentucky's near-total ban on abortion violates their religious freedom do not have standing to sue because their injuries are “hypothetical”.

The women argued that Kentucky's laws are unclear and vague, specifically pointing to in vitro fertilization in which fertilized embryos are discarded, which they said could conflict with some of Kentucky's abortion laws.

In his nine-page opinion, Judge Brian C. Edwards called the concern “misplaced.” He pointed to a 2004 law dealing with fetal homicide that states that acts performed by a health care provider as part of “fertility treatment” are exempt.

Edwards wrote that he would not address claims that state statutes are vague and unintelligible or issues of religious freedom.

“However, the Court recognizes serious concerns regarding the substantive constitutionality of [Kentucky’s abortion trigger law] and these issues will ultimately need to be revisited and addressed by the Kentucky Supreme Court,” Edwards wrote.

The women say Kentucky's ban endangers not only their health, but also their ability to practice their religion. Lisa Sobel, the lead plaintiff, and the two other women say they cannot begin IVF treatments for fear of prosecution.

“As much as I would like to move forward and try to have more children, I cannot do so in good conscience because there are too many risks to my life and to what I may or may not be accused,” Sobel said before the trial. the decision has been made.

Women say Kentucky's laws are so vague, so unintelligible, that they don't know whether they're allowed to get certain fertility treatments, especially those that require clinics to discard embryos.

Attorneys for the attorney general's office argued that they were interpreting the law to allow in vitro fertilization and embryo destruction in private clinics, an interpretation that Edwards agreed with in his opinion. State law prohibits publicly funded institutions, such as a hospital at a public university, from destroying embryos.

“We applaud the Court’s decision to uphold Kentucky’s law,” said Republican Kentucky Attorney General Russell Coleman. “More importantly, the Court eliminates any notion that access to IVF services in our Commonwealth is under threat. Today’s opinion is a welcome reassurance to the many Kentuckians seeking to become parents.”

The women's lawyers said in a statement after the decision was released that they intended to “continue the fight” and would appeal the decision to a higher court.

“Judge Edwards’ decision is disappointing,” attorneys Aaron Kemper and Ben Potash said. “After thirteen months of waiting, we received a nine-page decision that we believe does not comply with the law and contains many obvious errors. Our country expects a judiciary courageous enough to do what the law and our traditions require. »