LOUISVILLE, Ky. — A class action lawsuit filed on Tuesday is aiming to overturn Kentucky’s abortion bans, asserting that women seeking to terminate their pregnancies, including one specific woman, are experiencing “medical, constitutional, and irreparable harm.”

The lawsuit identifies a woman, using the name Mary Poe, who is approximately seven weeks pregnant and wishes to end her pregnancy. She claims that the existing bans in Kentucky are preventing her from receiving the necessary care. The lawsuit seeks to stop key state officials — including Attorney General Russell Coleman and Kentucky health officials — from enforcing these laws.

The bans were enacted after the U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022, following a “trigger ban” that Kentucky lawmakers had established in 2019. This ban automatically prohibited all abortions once the Supreme Court ruling changed.

Another law in Kentucky requires a determination of a fetal heartbeat before an abortion can occur. If a heartbeat is detected, assisting in an abortion becomes a Class D felony, with no allowances for cases of rape or incest.

The lawsuit claims these bans are harmful to the health and dignity of all residents in Kentucky and infringe upon the privacy and self-determination rights of Poe and others. It also notes that the bans disproportionately affect Black individuals and those with lower incomes in Kentucky.

The legal representation for Poe includes attorneys from the Kaplan, Johnson, Abate & Bird law firm, the American Civil Liberties Union, and its Kentucky branch.

In a statement, Poe expressed that terminating her pregnancy is “the best decision for me and my family,” yet she feels “overwhelmed and frustrated” by the barriers to abortion access in Kentucky. She is currently making plans to have the procedure in another state where it is allowed, which is a significant burden for her as she manages work and childcare responsibilities.

“This is my personal decision, and it should be mine alone, not determined by anyone else,” Poe stated. “I am pursuing this case to ensure that other Kentuckians will have access to the healthcare they need without facing the struggles I’m experiencing.”

Reactions to the Kentucky Lawsuit from Abortion Rights Advocates and Opponents

“This latest legal effort against unborn Kentuckians and their mothers is just as unfounded as previous failed attempts,” said executive director David Walls. “The ACLU claiming that the Kentucky Constitution hides a right to terminate a pregnancy, despite the state’s 150-year pro-life stance, is utterly ridiculous.”

Amber Duke, the executive director of the ACLU of Kentucky, expressed her organization’s support for Poe and their mission to “reinstate abortion access in the state,” reminding that voters rejected a proposed amendment aimed at removing abortion rights from the state constitution in 2022.

“While our recent success at the polls kept an abortion ban out of the state constitution, this lawsuit, filed by someone actively seeking care, represents the next step in challenging the existing bans,” Duke stated. “We anticipate a favorable outcome that reflects the people’s will and reverses these unconstitutional restrictions.”

Current Landscape of Abortion Lawsuits in the U.S.

This lawsuit is one of many recent legal challenges against abortion restrictions in the U.S. as numerous Republican-led states have increasingly restricted access to abortion services in the past two years. Following the overturn of Roe v. Wade, at least 14 states have enacted almost total bans on abortions.

In August, two women from Texas filed federal complaints against hospitals that denied them abortions in cases of ectopic pregnancies. Additionally, in July, a woman from Kansas sued the University of Kansas Health System after being denied an emergency abortion in 2022.

In June, the U.S. Supreme Court upheld a ruling that federal law takes precedence over Idaho’s almost total abortion ban in emergencies, but discussions and legal battles regarding this issue are expected to persist.

Other states have sought to ensure the right to abortion access through legislation or have implemented protective laws to safeguard individuals traveling from other states for the procedure. According to the Guttmacher Institute, over 171,000 patients traveled out of state for abortion care in 2023.