On Feb. 22, a Republican member of Kentucky’s House of Representatives filed a bill which adds exceptions to Kentucky’s abortion bans.
House Bill 569, filed by Rep. Jason Nemes, R-Louisville, would add rape and incest as exceptions to Kentucky’s current abortion bans, provided that the “probable gestational age” of the fetus is 15 weeks or less. The bill would also make it legal for a physician to provide an abortion if there is evidence of an “abnormality that is incompatible with life outside the womb of the mother.”
“It’s something that I believe in, that I think is the right thing to do. I think it’s what our citizens want us to do,” Nemes told the House after the bill’s proposal. “Our people are pro-life, but they believe in exceptions.”
Abortion is currently banned in Kentucky in accordance with two laws: a trigger law that bans all abortion unless a pregnancy threatens the mother’s life, and a second law which bans abortion if a fetal heartbeat is detected (usually six-weeks into a pregnancy). Both laws took effect in June 2022, after the U.S. Supreme Court overturned federal abortion protection.
The exceptions proposed by House Bill 569 would be added to both the trigger law and the fetal heartbeat law. The exceptions require a physician to certify that the abortion was requested by the patient, specifically as a result of one of the listed circumstances.
“All facts and reasons supporting the certification shall be set forth by the physician in writing,” the bill states.
Nemes’ proposal is the third abortion-related bill to be filed by a Republican since the current House session began on Jan. 3. The first, filed on Feb. 14 by Sen. Whitney Westerfield of Crofton, sought an amendment to the Kentucky Constitution which explicitly excludes abortion protection. The second, filed by Rep. Emily Callaway of Louisville, would allow the state to charge and prosecute unlawful abortion recipients as having committed murder.
An amendment with similar terms to Westerfield’s bill was proposed and rejected by voters in November, while Callaway’s proposal has been criticized by House leadership, Kentucky Right to Life, and Republican Attorney General Daniel Cameron.
“While I strongly support prohibiting abortions in Kentucky, I just as strongly support helping pregnant women,” Cameron said in a public statement. “Pregnant mothers deserve our help, support, and life-affirming options, not to face criminal charges.”
