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Lawsuit challenging Kentucky’s HB 5 not germane, not logical

by | Mar 26, 2019

Editor’s note. The following comes from the Kentucky Right to Life Association. HB 5 bans abortions because of a child’s sex, race, or a disability such as Down syndrome and included an emergency clause, meaning HB 5 went into effect immediately upon Gov. Bevin signing the bill last week. HB 5 easily passed both chambers: 32-4 in the Senate and 67-25 in the House.

Kentucky Cabinet for Health and Family Services Secretary Adam Meier

Gov. Bevin has signed HB 5 into law and filed a response to the ACLU’s legal challenge. In a news release, insights to the dispute are presented:

  • House Bill 5, known as the Human Rights of the Unborn Child and Anti-Discrimination Act, was passed by overwhelming majorities in both legislative chambers during the 2019 Kentucky General Assembly.
  • Legal counsel for Gov. Bevin, the Cabinet for Health and Family Services Secretary Adam Meier, has filed a response to EMW Women’s Surgical Center in Louisville’s motion for a temporary restraining order against HB 5.
  • The response argues: “EMW and its abortionists have responded with a novel claim: women have a constitutional right to undergo race-based abortions, gender-based abortions, and disability-based abortions. In [the] plaintiffs’ view, somewhere in the Fourteenth Amendment’s penumbra lies a secret protection of eugenics. That is a perverse distortion of Roe v. Wade and its progeny.”
  • A temporary restraining order enjoining House Bill 5 is not warranted. …The Supreme Court’s abortion jurisprudence has historically been framed as the right to decide whether to have a child as opposed to the right to have a child with certain attributes. That crucial distinction is dispositive here. (that is, it requires settlement of this dispute).

Read the full response here. Thank you, Gov. Bevin and Secy. Meier!

Categories: Legislation