FRANKFORT, Ky. (LEX 18) — A proposed new bill would allow Kentucky to prosecute a person if they get an illegal abortion. For what? Criminal homicide.
Rep. Emily Callaway, R - Bullitt and Jefferson, filed House Bill 300, the Prenatal Equal Protection Act. The bill would apply "the same legal principles as would apply to the homicide of a person who had been born alive" to cases where "the victim is an unborn child."
Callaway told LEX 18 Political Reporter Karolina Buczek that the bill is "pretty clear," and "pretty short, concise."
"It's an inconsistency in the law that needs to be corrected," Callaway said before she walked away.
Advocates for abortion rights call the bill "an especially heinous abortion restriction."
"The fact that in Kentucky, that's the direction that we're moving in - it's incredibly scary. It's especially heinous," said Jackie McGranahan with the ACLU of Kentucky. "And we cannot criminalize pregnant people."
The bill does make some exceptions. It does not allow prosecutions for "spontaneous miscarriage" and for abortions necessary "to avert the death of the pregnant woman." It also does not allow prosecutions when abortion is provided only after "all reasonable alternatives to save the life of the unborn child are unavailable; or were attempted unsuccessfully before the performance of a medical procedure."
But McGranahan believes the bill goes too far.
"The amount of unintended consequences that this bill could create is innumerable," McGranahan said.
Kentucky Right to Life, an anti-abortion group, is distancing itself from the bill. The group points out that they've never advocated for laws that would penalize women.
"We call upon all Kentucky pro-life legislators to continue to act with compassion towards abortion-minded and vulnerable women," said Addia Wuchner, the Executive Director for Kentucky Right to Life. "We oppose any legislative and policy initiatives that criminalize women who seek abortions. Furthermore, we respectfully urge members of the Kentucky Assembly to reject HB 300 as written, and any measure of the bill that seeks to criminalize women who have abortions."
Attorney General Daniel Cameron, who is supportive of Kentucky's current bans on abortion, also criticized House Bill 300.
"While I strongly support prohibiting abortions in Kentucky, I just as strongly support helping pregnant women," Attorney General Daniel Cameron said in a statement. "Pregnant mothers deserve our help, support, and life-affirming options, not to face criminal charges."
House Speaker David Osborne indicated the bill would not go far in the legislature.
“We are aware of Rep. Emily Callaway’s bill. However, in the history of our Commonwealth, the Kentucky General Assembly has never passed a pro-life measure that did not take into consideration the necessity for any exceptions, nor has this House Majority Caucus ever contemplated doing so," said Osborne.
Kentucky's current abortion ban, the trigger ban, currently allows for the prosecution of doctors who perform illegal abortions. The law does not go after pregnant people who seek an abortion.
