Story by Cady Stribling, Contributing writer
A bill was recently proposed that would ban abortions after the detection of a fetal heartbeat by Kentucky legislators.
Senate Bill 9 would require the individual providing the abortion to check for a detectable heartbeat before the operation, which can be as early as six weeks. If a fetal heartbeat is discerned, performing the abortion would be prohibited unless it is deemed a medical emergency. It also does not offer any exceptions for rape or incest.
Andy Beshear, Kentucky attorney general, sent the state senate president and speaker of the house a letter addressing his concerns about the bills’ constitutionality.
“Courts have held that viability generally occurs around 24 weeks, although the Supreme Court has explained that viability must be a medical and not a legislative decision, which must be made on a case-by-case basis,” Beshear wrote in the letter. “Because a doctor can usually detect a heartbeat at around six weeks, the bill’s blanket prohibition violates every applicable United States Supreme Court and Federal Circuit Court case on the topic.”
Beshear also said this bill could potentially lead to a lawsuit against Kentucky if passed, causing the state to lose hundreds of thousands of dollars in legal fees.
State Sen. Matt Castlen, a sponsor of the bill, said Kentucky is a anti-abortion state and he intends to keep it that way.
“Every piece of legislation is subject to legal challenge, but I will continue to fight for the rights of the unborn here in the Commonwealth,” Castlen said.
Drew Seib, assistant professor of political science, said that bills like these are sometimes proposed for reasons other than ideology.
“Sometimes it’s not always about passing the law,” Seib said. “Sometimes it’s about making… a political statement.”
He also said SB 9 has a good chance of passing in Kentucky. In a higher court, however, its chances decrease.
“I think it has a very small, infinitesimal chance of actually being upheld in the court system,” Seib said. “Justices have already said during their hearings that they won’t overturn Roe v. Wade. It’s a precedent.”
Roe v. Wade, a Supreme Court ruling, legalized abortion in the United States.
Murray State College Republicans President, J.T. Payne, said he supports the bill.
“I am proud of our Republican-led state legislature for attempting to make Kentucky a pro-life state through and through,” Payne said. “I remain hopeful that conservative lawmakers will continue supporting legislation that is pro-life by limiting abortions and improving our adoption and foster care systems… Pro-life legislation is proof that members of the Kentucky GOP are ready to lead the way in restoring and protecting high moral standards for our Commonwealth.”
However, Murray State College Democrats President, Jordan Kinnett, said the bill unfairly targets Kentuckians who don’t have access to proper abortion care.
“This bill will only encourage the use of dangerous and unmonitored abortions in rural Kentucky particularly,” Kinnett said. “If the Commonwealth is interested in preventing rising abortion rates, we ought to encourage proper sex education in our high schools.
