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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.
When in session, the commonwealth has three functional branches of government, each keeping the other in check, as both our federal and state constitutions were designed. Problems arise, however, when the General Assembly is not in session, and has no ability to return during times of emergency or overreach by other branches. A prime example of this was with the current Governor who, as we experienced in 2020 and 2021, frequently exercised unchecked power with inconsistent and unconstitutional closures and mandates associated with COVID-19.
The political world was rocked earlier this week when a draft majority opinion, the authenticity of which was subsequently confirmed by the Chief Justice, was leaked to the press. For those of us in the legal community, any leak from SCOTUS would have been stunning, but a leak on this case, which may upend 49 years of court precedent set by Roe v Wade, was earth shattering.
The pro-life and pro-abortion camps responded swiftly, with either immense joy or apoplectic rage. I am firmly in the pro-life camp. I learned of the leaked opinion Monday night at the Alpha Pregnancy Care Center annual fundraising banquet, one of many crisis pregnancy centers across Kentucky. Moments from the banquet’s conclusion I saw the news break and handed my phone to our keynote speaker; he promptly walked back on stage and in words broken by tears of joy, read the headline to the crowd which responded with a standing ovation. That moment is one I won’t soon forget.
A room of several hundred people from various faiths stood in united in celebration of the news that a court-made doctrine resulting in the deaths of tens of millions of unborn children may finally be overturned. Apart from the incalculable human tragedy it brought forth, Roe was poorly decided and wrongly established the “history and tradition” of abortion in our nation prior to 1973. Even one of the greatest defenders of abortion rights, Justice Ruth Bader Ginsburg, once described Roe as “breathtaking.”
In short, Justice Alito’s draft opinion argues the decision to permit, limit, or prohibit abortion is one that should be left to the elected representatives of the people, not the Courts. Justice Alito is right.
Quick to criticize Kentucky’s Republican legislature about their position on abortion, the media has adopted popular references to “anti” abortion legislation and abandoning the “pro-life” label we know is the truth. We vote to limit abortion, and some of us want it banned outright, because we believe there are two lives that must be considered. It is grotesque to perform horrific procedures on a human being that cannot speak for or defend itself. That precious life did not choose under what circumstances it was created, and it should not be murdered by another. The post-abortive women I’ve spoken to also share their feelings of guilt, shame and emotional trauma they endure having made the decision to end their own child’s life. Abortion kills one life, and permanently scars another.
Neither the degree of development, nor one’s dependence upon another, has a bearing on one’s right to live. Many argue Republicans only care for lives in the womb, but once they’re born, we lose interest; this theory is as false as it is lazy. Kentucky Republicans have enhanced our child welfare, foster care and adoption systems, led the nation in restoring dignity for expectant mothers in prison, prioritized mothers in substance use treatment centers, and improved mental health supports and made time for children to start the day with a healthy breakfast in schools,
We can and should do more. Women and families facing crisis pregnancies, particularly those with low income, need more help, including prenatal and postnatal care. Adoption should be exceedingly cheap and simple. Biological fathers should also be held more accountable. Kentucky has nearly 9,000 children in foster care today that need loving, permanent homes. Beyond government, each of us should show love and grace to women facing unplanned pregnancies, and those who have already made that life-altering decision. Many women seeking abortions are doing so because they fear the judgment or abuse from their loved ones, school, community, and sadly, even their church.
While we work to make life easier for expecting moms and dads with funding, education and job opportunities, we should always protect the precious lives who cannot speak for themselves. Protecting those lives is challenging, and for some mothers, carrying the child may be emotionally and physically challenging. That demands more from us as neighbors, loved ones, and as government leaders, to lighten the burden an unplanned pregnancy creates. We should never resort to killing an innocent life to do so.
The Kentucky General Assembly utilized its authority to shape the state’s response to the pandemic during a three-day extraordinary, or “special,” session ending just before midnight on Thursday, September 9. Upon the Governor’s call for a session, we passed bills in both the House and Senate dealing with many aspects of the COVID-19 pandemic ranging from education to public health to boards and commissions. While no action taken during the pandemic will enjoy universal support, republican supermajorities took a balanced approach by focusing on public health, individual liberties, and localized control.
Recently, the Kentucky Supreme Court ruled that a lower court incorrectly blocked laws passed during the 2021 Regular Session that sought to reasonably limit emergency executive authority. With that, the legislature used this special session to extend some emergency executive actions and eliminate others. New COVID-19 mitigation strategies were also considered to provide relief to institutions strained by the pandemic, including schools, hospitals, businesses, and nursing homes.
Senate Joint Resolution 1 extended specific executive orders, regulations, and other actions. Of particular note is that we did not implement or permit the Governor to issue a statewide mask mandate. For the purposes of federal funding and other regulations that we viewed as essential, we allowed the state of emergency to remain in effect until January 15, 2022. Also, for the purpose of transparency, we are requiring the Governor and state agencies to put all action taken and permitted under this resolution to be posted in a consolidated format on the Secretary of State’s website.
Senate Bill 1 (SB 1) reaffirmed that there would be no statewide mask mandate in schools but instead left that decision to the local school boards. The goals of SB 1 are to prioritize in-person learning, stabilizing school funding, assist with staff shortages, and create conditions for state and local health departments to support local school districts with their COVID-19 mitigation plans based on their own local data and needs.
Under this legislation, the Kentucky Department of Public Health (DPH) would develop a “test-to-stay” model for school districts to minimize quarantining for non-symptomatic students and staff, encouraging students to be in the classroom as much as possible. Additional language in SB 1 provides that the DPH shall assist local school districts in implementing their board-approved COVID-19 plans, whether it concerns a test-to-stay method, masking guidelines, contact tracing, or quarantining.
In consultation with the Governors’ office and the Kentucky Department of Education, we allowed 20 days of remote instruction. Not to be mistaken as Non-Traditional Instruction (NTI) days, these remote learning days are only permissible for a classroom or school, not an entire district. The intent is to allow room for a targeted response in the event of virus exposure. In light of critical staffing shortages, SB 1 will make it easier for retired teachers to return to the classroom, in some cases as soon as 30 days after retiring. It also provides temporary revisions for the hiring of substitute teachers, background checks, and school schedules.
Senate Bill 2 concerns one of the most heartbreaking parts of the pandemic, establishing safety protocols for loved ones to visit family members in long-term care facilities. This bill defines criteria for a family or friend to be designated as an essential, compassionate caregiver. SB 2 also encourages vaccinations, COVID-19 testing, and greater access to monoclonal antibody treatments, such as Regeneron.
A provision of SB 2 provides assistance for health care providers, jails, prisons, homeless shelters, and local health departments in acquiring COVID-19 tests. Another provision will allow paramedics to work in hospitals to help relieve a provider shortage.
Senate Bill 3 will redirect more than $69 million from the federal American Rescue Plan Act to the Kentucky Cabinet for Health & Family Services. The money was left over from the repayment of a federal loan to Kentucky’s Unemployment Insurance Trust Fund that was taken out to cover a surge of pandemic-related unemployment claims.
The money will help health care providers, schools, and others implement provisions of SB 1 and SB 2. These include purchasing COVID-19 tests, establishing regional monoclonal antibody treatment centers, and test-to-stay programs in schools.
Senate Bill 5, wholly unrelated to the pandemic, was an economic development incentive bill requested by the Governor and the Economic Development cabinet to only apply to projects over $2 billion. It will utilize existing programs, however, these incentives will be paid out over time to ensure any project meets the required job and wage targets. Some incentives will be in the form of forgivable loans.
Kentucky is in the running for at least one mega project eyeing Hardin County. Language within SB 5 can be compared to state economic development incentives the General Assembly passed in the late ‘80s, which brought Toyota’s first American assembly plant to Georgetown. It is now the world’s largest Toyota manufacturing facility where the Lexus ES350, Avalon, Camry and some hybrid counterparts are assembled.
SB 3 and SB 5 were signed by the Governor, and vetoes of SB 1 and SB 2 were swiftly overridden. Each bill contained an emergency clause, meaning they became law immediately upon the Governor’s signature or upon the veto override.
The legislative process is more challenging and sometimes more cumbersome by design. We are obligated to debate and question, ensuring that the voices of every corner of Kentucky are being heard and given consideration rather than being summarily dismissed by a governor whose actions have been consistently inequitable and unconstitutional. We strive to stabilize the system, and this new legislation is an attempt to do so during these unprecedented times. The General Assembly still faces serious budget and policy decisions in the upcoming 2022 Regular Session. Still, we will remain dedicated to finding the best legislative course of action for citizens across the Commonwealth as we continue to navigate the pandemic.
Thank you for your questions and concerns. I hope you will remain engaged with legislative happenings for the remainder of the interim by visiting www.Legislature.ky.gov or www.KET.org/legislature. It is an honor to serve you in Frankfort.
As has been covered widely in statewide and local media, the Kentucky General Assembly has been called into an extraordinary session to address the ongoing COVID-19 pandemic. During the weeks since the Kentucky Supreme Court issued its opinion (in the litigation against the bills passed during the 2021 Regular Session limiting emergency executive powers) once again recognizing the role of the Legislature as the exclusive policy making authority in state government, the leadership in both the Senate and the House have worked together, and negotiated with the Governor’s office, to bring a series of bills forward for the legislature to consider. These bills address a number of issues related to the pandemic, including childcare and school settings, healthcare and healthcare workforce matters, liability protections previously enacted by the legislature, and restoring several (but not all) of the executive actions already taken by the governor that most agree need to be in place for a short while longer.
These bill drafts will be on the legislature’s website soon, but I wanted the public to be able to see them as early as possible. I’ve created the general headings for each of the linked PDFs below to help you locate each bill draft by subject matter.
Note:
The economic development bill, known unofficially as BR26 before it gets filed at the start of the Extraordinary Session, is wholly unrelated to the COVID pandemic. This is an economic development bill the Governor has asked us to consider as part of negotiations with a confidential development prospect.
The legislative compensation bill, known unofficially as BR19 before it gets filed at the start of the Extraordinary Session, eliminates legislative pay during veto days during Extraordinary Sessions.
