Kentucky constitutional amendment on abortion fails

Authored by wcpo.com and submitted by Semper-Fido

KENTUCKY — Constitutional Amendment 2 failed Tuesday night, allowing abortion to remain a constitutional right in Kentucky.

ABC News projected the amendment failed at around midnight, with the ACLU of Kentucky declaring victory. Around 53% of Kentuckians had voted against the amendment with 91% of precincts reporting.

"The majority of Kentuckians made one thing clear: abortion is our right and politicians have no place in our private medical decisions," ACLU of Kentucky tweeted.

Abortion was outlawed in Kentucky under the state's trigger law after the Supreme Court struck down Roe v. Wade in June. In that legislation, the only exception was when the health of the mother is threatened.

However, a lawsuit seeking to establish abortion as a state right is pending in court. Constitutional Amendment 2 would have added a section to the state constitution eliminating the right to an abortion and dissolving all current legal challenges.

Here's how the amendment was written on ballots:

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?

Voters were asked to select "yes" or "no." Saying "yes" meant the voter was in favor of an amendment that eliminated the right to an abortion, while saying "no" meant the voter did not support an amendment eliminating abortions in Kentucky.

The two remaining abortion clinics in Kentucky are both in Louisville, the state's largest city. Abortion rights have been reinstated and then revoked again by judges in Kentucky since the trigger law took effect.

Also on Tuesday's ballot was Constitutional Amendment 1, which would give state lawmakers more power by allowing the Kentucky General Assembly to call itself into special session and potentially extend regular legislative sessions to end later than they currently do.

Semper-Fido on November 9th, 2022 at 05:35 UTC »

Do note: state legislation does ban abortions outside of the life of the mother being at risk. The ACLU of Kentucky will be arguing in front of the state supreme court about this law next week.

RealGianath on November 9th, 2022 at 05:34 UTC »

They didn't use confusing enough language this time. They'll be back with so many double-negatives next time you'll need to consult your high school English teacher before voting.

OkRoll3915 on November 9th, 2022 at 05:32 UTC »

It says alot when even in deep red states like Kentucky, voters want the rights to their bodies.