FRANKFORT, Ky. (LEX 18) — Advocates for abortion rights often refer to Kentucky's near-total abortion ban as one of the most extreme measures in the country. One of the reasons for the criticism is because the ban does not allow victims of rape and incest to access abortion services.
On Monday, Republican state Rep. Ken Fleming filed a bill that aims to ease the ban by creating limited exceptions for pregnancies caused by rape or incest.
House Bill 711 would also clarify that abortions can be performed:
- to remove a dead fetus
- for ectopic pregnancies
- for incomplete miscarriages
- in cases of a lethal fetal anomaly, meaning the fetus wouldn't survive after birth
Kentucky's current ban only allows abortion in cases where it is necessary to save the life of the woman.
Fleming declined to speak with LEX 18 News about his bill. But in a press release, he says his role as a father of two daughters played a factor in his decision to file the bill.
"With them on my mind and in my heart, exceptions for life-saving measures for the mother and in cases involving rape or incest should be included in our state’s abortion law," Fleming said in the release.
Fleming’s proposal would allow rape and incest victims to get an abortion if the procedure is done no later than six weeks after the first day of the woman’s last period.
The measure also includes a provision creating a process for physicians to document the circumstances surrounding an abortion performed under state law.
The bill’s prospects are uncertain, with House Speaker David Osborne saying the chamber’s GOP supermajority has not discussed any particular abortion bill.
Abortion rights advocates also take issue with the bill, saying it does not do enough.
"Most people don't even know that they're pregnant at six weeks and so that has a lot of complications, especially when we're dealing with rape or incest - that's sexual trauma," said Tamarra Wieder, the executive director of Planned Parenthood Alliance Advocates.
Wieder believes instead of narrow exceptions, Kentucky needs to reverse its ban.
"The legislature needs to stop playing doctor and they need to reverse the criminalization codes on abortion care and let providers do what they do best."
