(LEX 18) — Attorneys have dismissed a class-action lawsuit Sunday challenging two Kentucky abortion bans.
The lawsuit was brought on behalf of lead plaintiff Jane Doe and Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky. It's unclear what led to the lawsuit being dropped, but in an email, Kentucky Right to Life says the case was voluntarily withdrawn late Sunday night.
"The Kentucky Supreme Court's decision earlier this year to take away health care providers’ ability to raise the rights of their patients has backed Kentuckians into a corner," according to a joint statement from leaders of the ACLU and Planned Parenthood. "The court's decision has forced Kentuckians seeking abortion to bring a lawsuit while in the middle of seeking time-sensitive health care, a daunting feat, and one that should not be necessary to reclaim the fundamental right to control their own bodies. But we won't stop fighting."
"While we navigate the withdrawal of this case, the specter of future legal challenges looms," Addia Wuchner, executive director for Kentucky Right to Life, said in an email. "The ACLU and Planned Parenthood vow to persist in their pursuit, emphasizing the need for another Kentucky Jane Doe."
Earlier this month, a pregnant woman in Kentucky filed a lawsuit demanding the right to an abortion. The plaintiff, identified only as Jane Doe, was seeking class-action status to include other Kentuckians who are or will become pregnant and want to have an abortion.
The lawsuit said Kentucky's near-total abortion ban violates the plaintiff's rights to privacy and self-determination under the state constitution. The woman who filed the lawsuit later learned that her embryo no longer has cardiac activity. The plaintiff’s attorneys signaled their intent to continue the challenge to Kentucky's near-total abortion ban.
Earlier this year, Kentucky’s Supreme Court refused to halt the state's near-total abortion ban and another outlawing abortion after the sixth week of pregnancy. The justices focused on narrow legal issues but did not resolve larger constitutional questions about whether access to abortion should be legal in the state.
Kentucky voters last year also rejected a ballot measure that would have denied any constitutional protections for abortion, but abortion rights supporters have made no inroads in the Republican-controlled Legislature in chipping away at the state's anti-abortion laws.
"We encourage others in Kentucky who are currently pregnant and seeking an abortion to reach out to us if they are interested in bringing a case — call or text us at (617) 297-7012," leaders of the ACLU and Planned Parenthood said in their statement. "We will continue to use every tool in our toolbox to restore the right to abortion for every person in Kentucky."
Kentucky Right to Life also asked for continued prayers while recognizing that "the abortion industry remains active and resolute." The organization also asked their followers to keep the loss of Jane Doe's child in their thoughts and prayers.
"May we extend our compassion and prayers to all expectant mothers as prepare to celebrate Christmas and the coming of the Christ Child," Wuchner says.
The Associated Press contributed to this report.
