There are two important constitutional amendments on the ballot on November 8, and I would like to draw your attention to Amendment 2. Without a doubt, this amendment is emotionally charged because it is about an issue that cuts deep in people’s hearts and minds: abortion.
In June, in the landmark case of Dobbs v. Jackson Women’s Health, the U.S. Supreme Court overturned Roe v Wade, a 1973 ruling which established a constitutional right to abortion in the United States. It’s important to make the distinction that the Court’s ruling in Dobbs did not return abortion policy to the states, but rather “to the people and their elected representatives” in each state. Your state representatives and senators serve within the branch of government responsible for passing and amending state law. As your senator, I am sworn to represent the will of my constituents and I do so with earnestness and a seriousness of heart.
Pro-abortion activists would have you believe that a yes vote in support of Amendment 2 would make any woman, even one whose life is in danger, be forced to bear the child and risk her life doing so. That notion is completely false. Existing state law protects a mother’s life, allowing a doctor to determine if a pregnancy is a medical risk. One such instance is an ectopic pregnancy, as it is fatal for the fetus since life cannot survive outside the uterus; it is also severely life-threatening for the mother if the embryo implants in the fallopian tube. These same activists, who are blanketing the airwaves, our mailboxes and text messages with misinformation and falsehoods would have you believe Amendment 2 bans abortion. It absolutely will not.
A yes vote on number 2 is one that says Kentucky’s Constitution does not guarantee a right to any abortion nor will any state funds be used to perform abortions. This amendment was placed on the ballot by your representative legislators, in both parties, to provide you, the people of the Commonwealth, the opportunity to clearly state abortion is not a constitutional right.
A vote of yes on Constitutional Amendment 2 is not a debate of whether or not you morally believe in abortion; again, the amendment would not ban abortion at all. A vote of yes on this amendment is a statement you do not want abortion issues to be determined by the courts. Instead, you believe the members of the General Assembly, duly elected by the majority of you, to respond to your will in the legislature, your representative policy body.
If the amendment passes
Your general assembly would able to enact legislation regarding abortions in the Commonwealth. If a medical doctor determines the woman's life is in danger because of an ectopic pregnancy, when an embryo implants in the fallopian tube, that doctor can administer the life-saving procedure to save the woman’s life. Unfortunately, an ectopic pregnancy is fatal for the fetus as it cannot survive outside the uterus. Doctors will also provide care for a woman with a naturally occurring miscarriage. Your duly elected representatives would be able to restrict or even expand access to abortion, rather than having our state Supreme Court justices create a constitutional right that does not exist.
If the amendment does not pass
Abortion activists and judges will then have the ammunition needed to challenge any existing or future law your legislature passes, even ones that would restrict abortions in the last trimester. If abortion were to remain a legal issue in the judicial system, it would only create further division and allow the courts to be used for political reasons. Policy would be set by the Courts rather than our elected representatives, regardless of party.
You can find the complete copy of the Kentucky Constitution here and a complete copy of the amendment here and read it ahead of the November 8 Election Day.
I urge you to vote yes on Amendment 2. A yes vote on number 2 confirms the constitution of the Commonwealth of Kentucky does not state or imply a right to an abortion within our borders.