Judge grants ACLU’s request for restraining order on Kentucky abortion ban

LOUISVILLE, Ky. (WKYT) - A judge has issued a ruling to temporarily block Kentucky’s ban on abortions.

The ACLU filed the lawsuit Monday, just days after the U.S. Supreme Court overturned Roe v. Wade.

Kentucky’s trigger law, which was passed in 2019, went into effect immediately, banning abortions in the state. The ACLU says the ban violates the state’s constitution.

A judge heard arguments Wednesday in the case. Thursday morning, the judge granted the ACLU’s request for a restraining order against the trigger law. Judges have also temporarily blocked similar trigger laws in Texas, Utah, and Louisiana.

The ruling means abortions are temporarily legal again in Kentucky.

The ACLU released this statement after the judge’s decision:

“We’re glad the court recognized the devastation happening in Kentucky and decided to block the commonwealth’s cruel abortion bans. Since the Supreme Court overturned Roe last Friday, numerous Kentuckians have been forced to carry pregnancies against their will or flee their home state in search of essential care. Despite this victory, we know this fight is far from over — especially with politicians like Attorney General Daniel Cameron doing everything they can to score political points at the expense of Kentuckians’ wellbeing. We won’t stop fighting for people’s ability to access the essential abortion care they need in Kentucky. The government should never have the authority to force a person to remain pregnant against their will.”

Attorney General Daniel Cameron, who vowed to protect the state’s abortion laws, called the claims of state constitutional protections baseless. Cameron released this statement after the judge’s decision:

“In the wake of an historic victory for life at the nation’s highest court, today, one judge in Kentucky has, without basis in the Kentucky Constitution, allowed two clinics to resume abortions. We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky. We will be seeking relief from this order.

The U.S. Supreme Court made it abundantly clear in Dobbs that decisions about the protection of life should be decided by the states and the people through their representatives. Our General Assembly clearly expressed Kentucky’s support for life by passing the Human Life Protection Act with bipartisan support. We will do everything possible to continue defending this law and to ensure that unborn life is protected in the Commonwealth.”

Thursday afternoon, Cameron asked the Kentucky Court of Appeals to stay the judge’s decision on the restraining order.

“Every day that goes by that the Human Life Protection Act and Heartbeat Law are prevented from taking effect, more unborn lives will be lost,” said Attorney General Cameron. “These laws represent Kentucky’s values and its support for life. We’re moving quickly to defend this important law and to have it restored.”

Governor Andy Beshear has called Kentucky’s trigger law an “extremist law.”

“It provides zero exceptions for victims of rape and incest, giving them no options despite the fact that they’ve been harmed, and what they’re going through is absolutely zero fault of their own,” Gov. Andy Beshear said.

A hearing for a temporary injunction on the state’s trigger law is set for Wednesday. If the temporary injunction is granted, abortions will remain legal in Kentucky until the ACLU’s lawsuit is heard in court.

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