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Attention All Right to Lifers!

Walk for Life

The 2020 Walk will be held on Saturday, September 12, starting from the Christian Academy Rockcreek Campus, 3110 Rockcreek Drive in St. Matthews, across from Seneca Park walking track. Learn more. Get involved!

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4D Ultrasound

yawning infant

PHOTO CREDITS: 4D Ultrasound of fetal yawning at 30 weeks of pregnancy by Dr. Wolfgang Moroder. Baby yawning by Jeuwre. Human fetus at 10 weeks.

10 week old fetus

fetus at 10 weeks

Learn about Kentucky’s Dismemberment Law.

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KRLA Forum

chad_meredith.jpgRecently the Beshear administration called for release of Gov. Bevin’s pardon files. These would include records relating to both pardons and commutations by Gov. Bevin that are under Solicitor General Chad Meredith’s oversight.

KRLA has been very impressed with Attorney Meredith’s abilities. He represented Kentuckians in numerous legal cases brought against the pro-life laws passed by our General Assembly during the Bevin administration.

The Courier-Journal reported on July 23 that Holly Johnson, Beshear Finance and Administration Cabinet Secretary, asked the Fayette Circuit Court to order Meredith to turn over public records which he had declined to do in response to an open records request in May and a subpoena in June. Though he provided some records related to the investigation into alleged mismanagement of government funds, he did not release documents related to pardons by asserting that ‘attorney-client and work-product privileges’ prevented him from doing so.

We are sure that Attorney Meredith knows the difference between emails that are state property and emails and documents that comprise confidential case information.

The C-J article reports:

The Finance Cabinet's motion states that Meredith's justification for withholding the records is incorrect, as the emails and attachments related to Bevin’s pardons were part of his official jobs duties and created on state time with state resources.

“In short, they are the property and legal documents of the Commonwealth,” the motion states. “Mr. Meredith’s [sic] does not hold the privilege as to these records, cannot assert the privilege on behalf of the Office of Governor, nor could he do so against the very entity which seeks the production of these documents.”

Read more.

This seems like an ‘appeal to force’ (‘ad baculum’ logical fallacy for you students of the law), as it claims that the state has full rights to any communications, without respect to the legal principle and practice of client-attorney privilege, which is a norm undergirding the entire legal system.

For our pro-life lawsuits, It would mean that any individual, for example, one damaged by an abortion, could not expect her full conversation with a State attorney to be kept confidential, and only portions shared as deemed necessary in a trial. Obviously, a potential breach of confidence could lead to life-damaging public disclosures. What witness would ever volunteer to fully disclose evidences, if attorney-client privilege were not enforced?

To say that attorney-client privilege is nonexistent for state attorneys on state business, and that all state employees’ documents and emails are the property of the state is a disastrous idea, no matter which department, employee or state officer entertains the notion. The debate about ‘open records’ is an active one at this time, but that topic aside, the issue here is attorney-client privilege. That pillar, if removed, could bring the house down.

The same C-J article notes that Atty. Meredith is being considered for a nomination to a federal judgeship in Kentucky’s western district and has the support of Sen. McConnell.

Chad Meredith skillfully defended Kentucky in ACLU / EMW / Planned Parenthood lawsuits brought against the state both in the Fifth District Court and the Sixth Circuit Appeals Court.

The Fifth District Judges who heard the cases for the Ultrasound Law, the Transfer Agreement Law, the Dismemberment Abortion Law, and the Heartbeat and Anti-Eugenics Laws— Judges Hale, McKinley and Stivers— all ruled in favor of the abortion clinics.

The Heartbeat and Anti-Eugenics case hinges on an Appeals Court ruling.


KRLA Forum

The many pro-life lawsuits defended during the Bevin administration were led by Steve Pitt who served as Gov. Bevin’s General Counsel. Then AG Andy Beshear refused to handle the suits brought by EMW, Planned Parenthood and the ACLU, so Bevin called upon his own staff to handle the extensive litigation.

The work was intense and demanded self sacrifice since it was  beyond Pitt and his attorneys’ call of duty. This was recognized in a House Resolution during the 2019 General Assembly to Honor the dedicated and tireless work of Governor Bevin's legal team at this pivotal time in the fight for life and in defense of the unborn. - HR 218 states:

Governor Bevin’s legal team has accepted the challenge to defend the critically important pro-life legislation passed by the General Assembly and has assumed the duties constitutionally mandated to be performed by the Attorney General; and… consists of only three attorneys who have dedicated a tremendous number of hours to the fight for life, working thousands of hours with no overtime pay…

The outstanding legal team included some attorneys who worked in the Health and Family Services department as well.

On May 25th, Atty. Pitt stepped down from his role as counsel and special adviser to AG Daniel Cameron. We want to specially thank and commend him for his excellent work on behalf of innocent life and the many pro-life Kentuckians. We look for even greater achievements as he goes forward in his life and work.


KRLA Forum

Pro-lifers in Kentucky currently await a number of important court rulings:

  1. The Supreme Court will soon rule on the Louisiana June Medical Services case. Its decision could require abortion clinic doctors to have admitting privileges to a nearby hospital, leading to many clinic closings in the nation. In Louisville two doctors (of whom we are aware) at the EMW clinic do have hospital admitting privileges but this is not the same as a Transfer Agreement.
  2. The Transfer Agreement lawsuit awaits a decision from the Sixth Circuit Appeals Court. It is possible that the above-mentioned SCOTUS ruling will affect that case. However, as brought out by Kentucky’s attorneys during the trial and appeal, the critical aspect of such agreements is the “protocol for transferring medical records.” Since two of the judges on the Appeals panel were appointed by President Trump, we hope for a fair and just decision.
  3. The Heartbeat and Anti-eugenics laws, rolled into one during the litigation, await the decision of the Sixth Circuit Appeals Court on an Ohio case, “Preterm-Cleveland v. Himes,” that will determine the fate of Down Syndrome babies and the outcome of the Kentucky litigation.
  4. The Dismemberment Abortion law appeal was decided in favor of the EMW and ACLU,  however, AG Cameron will be making a decision soon on whether to request an “en banc” (full Appeals Court) hearing or to instead appeal the case to SCOTUS.

Presently, pro-lifers are striving to prevent the overturn of safety precautions for women who elect medical abortions. Attorney General Cameron has added Kentucky as an “Intervenor State” to an Amicus brief in defense of in-person dispensing of the “abortion pill” by a doctor for the protection of the woman seeking the abortion. The political association for ObGyns, ACOG, wants the FDA to drop their regulations that ensure a drug’s benefits outweigh its risks. The pro-life ObGyns have exposed this.

Let's all pray.


KRLA Forum

Governor Beshear used his Friday 5 PM briefing to veto SB 9.

The Courier-Journal reported online at about 6:30 PM, as well as in today’s print newspaper:

Gov. Andy Beshear has vetoed a bill that would hand new power to Attorney General Daniel Cameron to regulate abortion clinics and also require abortions be suspended as an elective procedure during the coronavirus pandemic.

Senate Bill 9 passed in the final hours of the 2020 General Assembly on April 15, also requires doctors to try to save any infant born alive, including after a failed abortion.

At this writing the veto has not yet been posted to the state website.

Reacting, Margie Montgomery expressed “extreme disappointment.” She and thousands of prolifers had politely but firmly sent emails and petitions to the governor pleading with him to uphold the measure either by letting it go into effect without his signature or courageously signing it.

Senator Whitney Westerfield, chief sponsor of SB 9, last week predicted Beshear would veto the bill. He said Friday night that he is “supremely disappointed” with the veto.

“This governor once again demonstrated his hostility to unborn life,” said Westerfield. “If the Lord is willing, I will file this bill on the first day of the 2021 session.”

Polls across America consistently show upwards of 80% of the public support Born Alive protections.

Interestingly, in his veto declaration, Beshear didn’t mention the merged aspect of the bill that provided Attorney General Daniel Cameron with authority to investigate the state’s two abortion clinics.

Cameron called on the Beshear administration earlier to end abortion procedures in the state during the COVID-19 pandemic. In a statement Friday night he called the veto “reprehensible.” Read the entire statement here.


KRLA Forum
This excerpt is from a story by Schu Montgomery in the Spring 2020 Kentucky Right to Life print newsletter. To receive the print newsletter, call the office, 502-895-5959. All KRLA and Affiliate members and donors are eligible to receive the print newsletter.

“ …House Bill 67, an amendment declaring “no right to abortion” in Kentucky’s Constitution, didn’t make it to a vote on the Senate floor. It passed the House in mid-March, yet didn’t receive consideration in the Senate. Westerfield said he and his colleagues never received “a good or consistent answer” as to why HB67 didn’t get a vote in the Senate.

“Constitutional amendments are immune from gubernatorial vetoes. Had HB67 passed the Senate, Kentucky voters could have approved the measure in November’s general election.

“Westerfield insisted the constitutional amendment will be brought up again when the Kentucky legislature reconvenes next year.”


KRLA Forum

A lot of information on Transfer Agreements is on this website, including a blog series that questions how Andy Beshear as AG filed an Amicus brief on behalf of EMW and PP. Particularly when it was his duty to defend Kentucky law. ?

Will our current AG Daniel Cameron sue Gov. Beshear for issuing the illegal license to abort?

It is well to pursue lawbreakers in a step-by-step manner as KRS 15.241 and HB451 prescribe. HB451 ended up in the House Rules Committee at the end of the 2020 Legislative Session, however its language was merged into the SB9 bill at the 11th hour of the Session. Many news stories today are reporting this advance.

Insert this!

hb451.png

For the AG to sue the Governor is a huge and costly step. AG Beshear sued Gov. Bevin five times and won two of the cases: He blocked the governor's $18 million cut to Kentucky universities in 2016 and blocked the administration's pension reform bill in 2018. Bevin won the teacher “sick-out” case, but when Beshear became Governor, he reversed the decision.

Most Kentuckians do not want their AG and Governor to be embroiled in court cases on different sides. Ouch. They would prefer the HB451 method.

Contingencies

Most pro-lifers would understand that the TA case may be decided at any time, and if it upholds Judge Stivers’ verdict, then the clinics will not need TAs.

Possibly the Appeals Court is waiting to learn if the Supreme Court will uphold Louisiana’s Unsafe Abortion Protection Act that requires abortion providers to have admitting privileges within 30 miles of a local hospital, and requires doctors who perform more than five abortions a year to maintain proper licensing.

This case further mandates that informed consent protections and reporting of anonymous data and complications apply to to RU486 chemical abortions, just as to surgical abortion, and it clarifies that physicians in both private offices and licensed outpatient abortion facilities owe women the same informed consent protections and reporting of public health data and abortion complications, whether the abortion is surgical or an RU-486 drug-induced abortion.

Kentucky already requires reporting of RU486 abortions and informed consent protections, and does not permit abortions to be performed in private offices nor in public hospitals unless to save the life of the mother.

The tragedy of this long wait for court decisions is the loss of precious and innocent humans who deserved legal protection. So, don’t be surprised if AG Cameron decides to make an issue of the missing TAs as well as the COVID-19 violation of the Governor’s healthcare mandate even if SB9 does not become law. And, don’t be surprised if the Sixth Circuit Court decides in favor of Kentucky’s appeal before SCOTUS rules on the Louisiana case.

An Aside:

Current Kentucky abortion licensing requires that:
An employee or volunteer of the facility while afflicted with any infected wounds, boils, sores, or an acute respiratory infection or any other contagious disease or illness shall not work in any capacity in which there is a likelihood of that person transmitting disease to other individuals.

Since COVID19 carriers may be asymptomatic, this is yet another aspect of licensing law being broken.


KRLA Forum

The Born-Alive Infant Protection Act, SB9, now awaits Gov. Beshear’s signature. Will it become law? It contains the HB451 mandate — see related article.

Sen. Whitney Westerfield, its sponsor, noted in an address to the House Judiciary Committee on March 11 that SB9 is not tailored to abortion but covers any child born alive in any circumstance.

In Kentucky, abortions are performed up to 22 weeks, and presently they are done by D&E or “Dismemberment”; no baby is born alive when dismembered inside the womb. In other states where abortions are performed beyond 22 weeks, a similar law could apply if an infant in a late-term abortion were delivered after growing too large to be dismembered.

SB9 will
1. Help parents whose child is born prematurely and may not receive care in some hospitals due to a policy not to treat babies under a certain age due to their prospects for survival, and
2. Help babies born with birth defects, disabilities, or who are unwanted for any reason by their parent(s), to survive by means of nourishment and medically appropriate care.

Some discussion ensued in the committee hearing. You can hear the debate here. Start the video at about 1 hour 18 min.

On the national level, the Born-Alive Abortion Survivors Protection Act pertains to infants who survive a late-term abortion. The bill would amend existing U.S. law enacted in 2002 which focused on defining the born-alive baby as a person: the words "person," "human being," "child," and "individual" shall include every infant member of the species homo sapiens who is born alive (as defined in this Act) at any stage of development. (official summary) . This was to address the fact that some (all?) abortion providers did not view their victims as legal persons.

The updated Act is to “prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.” It was introduced by Tenn. Sen. Marsha Blackburn on Dec. 21, 2017, and passed the House but has yet to pass the Senate.

Sen. Blackburn also headed up the Select Panel on Infant Lives that investigated the scandal of selling baby body parts uncovered by David Daleiden.

The national bill also applies the existing penalties of 18 U.S.C. Sec. 1111 (the federal murder statute) to anyone who performs “an overt act that kills a child born alive.” This would pertain, for example, to an abortion clinic staff person who dissects a breathing born-alive infant in order to harvest an intact liver, or to an abortionist who ends a born-alive baby’s whimpers with a sharp blow to the skull, or by snipping the spine.

Today, medical technology can keep alive an infant born as early as 19 weeks, so the 2002 Law has bearing on many current births as its language does not specify abortion as a condition of the scenario, though at the time it was understood in that construct.

Statistics show the second-trimester birth usually results in a child growing up with serious health problems. This would in part be because some hospitals lack the expertise and equipment for the early ‘preemie.’

Kentucky’s SB9 recognizes that current medical technology can keep alive second-trimester babies who may develop as healthy infants (with major assistance from medical providers), and that there are people willing to adopt these little ones if the parent(s) is/are not able to accept the responsibility.

It could encourage an initiative to focus resources in one medical center for mothers-to-be when preterm birth is anticipated.

There are many who point out that the state should not intervene in decisions that are complex and best made by physicians and parents. The Right to Life standard has consistently been “Always to care, never to kill.”

By acknowledging viability at a stage when some pre-born babies in Kentucky are aborted, we may be entering into a new legal controversy. We should never dread or fear new challenges to life issues; we do, of course, feel anxiety at the prospect of more ill-will and lawsuits.

The war to uphold the value of human life and to end elective abortion sometimes opens on a new front where terms must be redefined. ‘Viability’ has changed since 1973 when Roe v Wade referred to an obstetrics document that stated ‘attainment of fetal weight of 1000 grams or fetal age of approximately 28 weeks is widely used as the criterion of viability.’ (ref)

We applaud our pro-life legislators for passing SB9 and sending it to Gov. Beshear for his signature.


KRLA Forum

A visit to the website of the Kentucky Cabinet for Health and Family Services and its Vital Statistics Branch brings into view links to “statistics.” The Services tab leads to the Abortion Requirements and Annual Data Reports heading and description:

All abortion providers must report each procedure as defined in KRS 311.720 to the Department for Public Health, Vital Statistics Branch. Reports must be received within 15 days of the end of the month in which the abortion occurs…

So, if these deaths are to be reported within 15 days as described, why is there no report yet for 2019?

The requirement is:

By Sept. 30 of each year, the Vital Statistics Branch will issue a public report on all data collected that calendar year per KRS 213.101, subsections (1) and (2).

So, for the 2019 calendar year, we can expect to see abortion statistics in September 2020. A lag.

BUT, thanks to a sidewalk counselor team that has stood watch at the EMW Clinic for many years, KRLA is provided with numbers of women entering the clinic each day, with special care taken to avoid counting the same person who enters on consecutive days. (In the current environment, this is a greater challenge, and with the opening of Planned Parenthood in March 2020, the count is unclear.)

You can find the 2019 numbers on the Media Releases page of this website.

KRLA also mails a hard copy of these statistics to numerous churches and to others who request it each month, again, thanks to volunteers and our donors— you.

Though there are some discrepancies between the “on-the-ground” count and the state report, the numbers are close, and the monthly report focuses us on the brute reality that lives are lost every week in our state to abortion, and not only Kentucky lives. There are out-of-state licenses in plain view.

In 2017, 906 of 3202 abortions were of “black” people, and in 2018, 974 of 3203 were. That is 28.3% and 30.4%, respectively. You may want to see the full report, by clicking on the years.

Oddly for each calendar year, 2017 and 2018, there were 3,202 and 3,203 abortions, respectively.

A strange coincidence or an error in the count? Or was there only one more abortion in 2018 than in 2017?

We are grateful that our Legislative Pro-life Caucus is on the job, and they care about these “statistics.”


KRLA Forum

Yesterday, Monday, March 23, Gov. Beshear's COVID19 bulletin noted that that all elective medical procedures had been mandated to cease.

Today, we know from sidewalk counselors and the EMW website, that EMW is performing elective abortions. In fact they exclaim on their site that they are “OPEN and seeing patients!”

The Kentucky General Assembly is not meeting today. It is stated on Twitter that they will convene this Thursday, March 26. Will they? We urge pro-lifers to contact your legislators about passing pro-life bills, as requested in previous posts, and to ask that ALL elective surgeries be stopped immediately.

KRLA is at work to beg for mercy for the unborn. Board President Diana Maldonado has sent an open letter to Gov. Beshear, shown below, and other efforts are being made.

beshear_letter_fb.png

NRLC is also on the job, calling for legislators to enforce their mandate that elective surgeries be re-scheduled:

In response to the COVID-19 virus pandemic, hospitals and other primary care facilities are rightly focused on this medical emergency. Federal and state governments have called for all elective surgeries to be rescheduled in order to ensure care for those in immediate need and to free up vital resources to treat those impacted by COVID-19.

The abortion industry is ignoring this call and instead is working to ensure there is no interruption in the destruction of unborn babies.

What is going on at Planned Parenthood in Louisville? Though we know that it was illegal to issue PP a license to operate as an abortion clinic, we realize that abortions might take place anyway.

EMW states on their website that they are “the ONLY licensed abortion clinic in Kentucky.” But they have no valid license, unless they have obtained a Transfer Agreement of which we are not aware. Their claim, however, tends to indict PP— the pot calling the kettle ‘black’? It is true, however, that the EMW has judicial permission to operate. See this post.

But they do not have Gov. Beshear’s permission. See image below. Who is in charge?

beshear_mandate_fb.png


KRLA Forum

Following is a brief delineation of aspects of the testimonies on the House floor (see previous post) that promoted disinformation. This was especially harmful and confusing to the youth who were guests in the House during these proceedings. KRLA's comment on each testimony is in red. (Some comments pertain to legislation passed in previous years; some are paraphrased.) Please share this article!

1. Testimony of Tamara, read by Mary Lou Marzian:
Decreasing women’s access to abortion will likely increase negative health outcomes and complications including maternal and infant mortality … Waiting periods are hurtful … Abortion is a core component of social and economic equality and crucial to a woman’s dignity and privacy needs.

How did these talking points enter the common discourse on abortion rights? Through ACOG and similar organizations that are medical associations that have become political in their mission. See the amicus brief referenced in this post.

2. Testimony of ObGyn Dr. Christine Cook, read by Lisa Willner:
This bill is functionally a complete ban on abortion … a gross interference in the care of patients … I have taken care of patients who could die, on babies who could never survive outside the womb … where termination must be chosen for babies with severe anomalies… for women who cannot afford another child … It is the clear consensus of ACOG (and others) that it interferes with physician-patient relationship … It is a violation of patients’ constitutional rights.

In sponsoring HB67 Rep. Fischer has explained that neither the U.S. nor the Ky. Constitution protects a right to abortion. The Roe v. Wade case evidenced ‘raw judicial power’ in its decision, and because of the aggressive nature of pro-choice advocates, some states have been lobbied to find this supposed ‘right’ to an abortion in their state constitutions. This could happen here. All HB67 does is to allow our General Assembly to regulate abortion. It can provide for exceptions in statutory laws, as is currently done. It prevents the courts from becoming involved such that our pro-life laws are overturned in the courts irrespective of the pro-life sentiment of voters in Ky.

In some of Dr. Cook’s examples, she confuses elective abortion with therapeutic abortion. If a woman could die, current law and HB67, with HB48 that passed last year, permit abortion. Current law effectively permits elective abortion up to 22 weeks.

3. Testimony of Ashley, read by Jeffery Donohue:
At 20 years of age while still living at home, experienced ectopic pregnancy… feared my father would throw me out and that an emergency room would notify him… went to clinic and would have died without an abortion— had I been subjected to a waiting period I would have died.

There is never any waiting period for a medical emergency, whether in a hospital or clinic.

4. Testimony of Katy, read by Josie Raymond (while holding her baby girl):
At 12 weeks pregnancy an ultrasound showed my baby was abnormal and its heart would stop in the coming weeks… at the time the Ky Legislature was debating D&E abortion… the bill offered no exception to people like me… At 18 weeks my baby’s heart stopped and I chose to deliver it, but if [HB454] had been passed, I could not have chosen a D&E by law… .

The Dismemberment Abortion law (currently under litigation - not in effect) does not prevent D&E abortion; it only legislates that the fetus must be humanely treated, ensuring its demise through a painless injection before it is dismembered. Please also listen to Rep. Prunty’s testimony (at about 29 min.) that speaks to the issue of babies who die and must be delivered posthumously.

5. Testimony of Danielle, read by Joni Jenkins:
Abortion access is sacred… As a rape victim the barriers in Kentucky to abortion caused hardship for me… had to travel three hours from W. Ky. to Louisville… Law allows no insurance coverage… Every woman should have the healthcare coverage they need… This bill has no exceptions.

‘Life of the mother’ is the current exception for abortions performed in public hospitals. This recognizes that the pre-born baby has a right to life no matter how it was conceived. Insurance plans have varying coverages.

6. Testimony of Jackie McGranahan, ACLU of Ky., read by Reginald Meeks:
HB67 is especially bad for poor and low income women… (other similar points to previous testimonies).


KRLA Forum

Many national and Kentucky media outlets reported that HB67 passed the House of Representatives. It is significant legislation, and has been received in the Senate.

The Amendment submitted to voters in Nov. 2020 would read: “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion. Vote yes or no.”

Some testimonies of pro-abortion women were not heard ‘in committee’ when HB67 was considered. This was due to time restrictions and many legislative issues on the docket. However, when HB67 landed on the House Floor for a vote, those testimonies were read in full by Democrat Representatives, including Mary Lou Marzian, Lisa Willner, Jeffery Donohue, Josie Raymond, Joni Jenkins and Reginald Meeks, all who are representatives from Jefferson County.

Those who questioned any need for HB67 or stated it was bad legislation or bad for women included: Maria Sorosis, Tom Burch, Al Gentry and Attica Scott, all Jefferson Co.; Kelly Flood (Fayette-part), Derrick Graham (Franklin-part) and Patti Minter (Warren-part). Some others spoke out to ask for clarification or to explain their vote. The full discussion can be viewed here (Part 1- starting at about 53 min.) and here (Part 2).

Those speaking out in favor of HB67 were Rep. Joe Fischer (Campbell-part), sponsor of the bill, Stan Lee (Fayette-part) and Melinda Prunty (Hopkins-part, Muhlenberg). For Lee’s and Prunty’s speeches, start at 22 min. here. Fischer’s remarks opened the discussion and were in answer to many questions.

Democrats who voted YEA include: Terri Clark (Boyd), Joe Graviss (Fayette-part, Franklin-part, Woodford), Angie Hatton (Letcher, Pike-part), Kathy Hinkle (Carter, Lawrence), Cluster Howard (Breathitt, Estill, Lee, Madison-part, Owsley), Russ Meyer (Fayette-part, Jessamine-part), Dean Schamore (Breckinridge, Hancock, Hardin-part), John Sims Jr (Bracken, Fleming, Mason, Robertson), Wilson Stone (Allen, Simpson, Warren-part), Ashley Tackett Lafferty (Floyd, Pike-part), Buddy Wheatley (Kenton-part), and Rob Wiederstein (Daviess-part, Henderson-part). That’s 12 democrats— A big thank you to all these!

The Vote History is here. See related post.


KRLA Forum

No legislators are at work in “the Peoples’ House” today due to virus contagion concerns. It was a busy week with good progress up to today. HB67 and HB451 passed the House and SB9 is posted for passage on March 17. For info on HB370 and SB90, see the previous post. HB391 has advanced to the House Rules Committee.

A good summary of the discussion on HB451 and HB67 is found on the KET March 10 Legislative Update.

HB 67 disinformation

Having carefully listened to the testimonies on March 10 from numerous representatives, we are very troubled by the disinformation spread. The bill passed the House, but anyone listening to the discussion could be confused by the testimonies. Hats off to Reps. Joe Fischer, Stan Lee and Melinda Prunty for their excellent explanations to set the record straight. But they were three against at least 14 who spoke out against the bill, with youth present in the assembly.

We want to counter some of the testimonies with facts in a new post on the KRLA Forum to assist pro-lifers in defending this bill.

Stan Lee and Kelly Flood


KRLA Forum

Wednesday, March 4, marked the deadline for new bills to be filed in the 2020 Kentucky Legislative Session. At this writing, many pro-life bills including SB90, the Conscience bill, have been mired in amendment quicksand.

Though HB67, the Constitutional Amendment bill, had been posted for passage, it was bogged down by silly amendments. (See related post).

HB391, to require auditing of abortion statistics reports filed (or not filed!) by abortion clinics, was speared by ridiculous and very raunchy amendments filed by Rep. Mary Lou Marzian. (On the positive side, the audit rule only pertains to EMW, since, so far, the C-J reports that Planned Parenthood is not yet performing abortions in Louisville.)

To view the crabby committee hearing on HB391, go here and start the video at about 52 minutes.

In Marzian’s rage attacks, two amendments call for the Office of the Auditor of Public Accounts to audit privately or publicly held corporations including Wal-mart, etc. Five amendments add language such as “Any man who engages in masturbation or ejaculation without the intent of fertilization shall be guilty of a Class D felony.” View these here.

SB90 had been altered by its sponsor Sen. Meredith— See related post. New amendments by Senators Julie Adams and Morgan McGarvey call for further alterations.

The bill as introduced defines “healthcare service” as “medical care provided to any patient at any time over the entire course of treatment” and includes “initial examination; testing; diagnosis; referral; dispensing or administering any drug, medication, or device; psychological therapy or counseling; research; prognosis; therapy; any other care or necessary services performed or provided by any medical practitioner, including but not limited to allied health professionals, paraprofessionals, or employees of healthcare institutions”. Numerous other terms are defined. The bill’s objective is to ensure rights of conscience for healthcare providers, to prevent discrimination against them, and to permit them to seek justice in court if their conscience rights are violated. This bill in part extends the rules/law of current statute 311.800.

Sen. Adams (R-Louisville) wants to delete “psychological therapy or counseling” and the related providers, “psychology and counseling faculty and students,” and “counselors, social workers.”

Sen. McGarvey (D-Louisville) wants the proposed law to extend to some public servants and legislative activity. His Amendment 3 is in part legal protection for whistleblowers but applies conscience rights for some public servants who wish to decline participation in legislative activity for “conscience” reasons. His Amendment 4 retitles SB90 to “AN ACT protecting the exercise of ethics and diversity among members of medical and public service professions.” His Amendment 5 adds protection for some state employees from discrimination and adds their right to seek relief in court. Read more.

HB370, to require dignified treatment of fetal remains, advanced to the House Rules Committee for a second reading.

HB451, like HB391, enforces existing legislation. It grants the Attorney General more latitude in investigating and punishing violations of state laws for abortion clinic licensure. It has advanced to the Rules Committee.

Let’s keep praying for an end to abortion. Be sure to call the Legislative Message Line, 1-800-372-7181, to encourage passage of pro-life bills.


KRLA Forum

An amicus brief on behalf of Louisiana (see related article) was filed by the Association of Pro-life Obstetricians and Gynecologists (AAPLOG) to assist SCOTUS in its review of La. Department of Health v. June Medical Services LLC. A related article in the Wall Street Journal is here.

The AAPLOG brief questions whether ACOG (the College of Obstetricians and Gynecologists) is truly objective in its abortion views, and accuses ACOG of being an abortion advocacy organization.

On page 15 of the brief, AAPLOG states that it has an interest in showing that ACOG “does not represent the views of either its membership or the 85% of obstetricians and gynecologists in the United States who do not perform abortions.”

An excerpt makes clear how ACOG has reversed its pro-life stance over the years:

ACOG’s 1959 Manual of Standards in Obstetric-Gynecologic Practice permitted abortion only “where the death of the mother might reasonably be expected to result from natural causes, growing out of or aggravated by the pregnancy, unless the child is destroyed.” The Manual also mandated that abortions could be performed only in accredited hospitals. ACOG’s Committee on Maternal Welfare, noting that the justifications for therapeutic abortions were disappearing, “hoped that they may reach an absolute minimum within the foreseeable future,” doing away with abortions altogether…

…As of the 1950s, ACOG’s contribution to public debate about abortion was based solely upon medical science. Dr. Duncan Reid (ACOG board member) of Harvard Medical School argued that “the medical profession should not become actively involved in debates about social mores. … [T]he emergence of abortion and sterilization as political issues would challenge the scientific basis on which physicians’ decisions were based. Reid said, ‘If it [abortion] becomes a social problem then the medical profession has to settle the social problem, and I think we, as doctors, are placed in a position where we do not belong.’”

The amicus brief delineates ACOG’s history, and discloses that in every major abortion case, ACOG has argued consistently against any limitation of abortion. The document cites from 19 legal cases and provides many references to statements in ACOG reports, legal briefs and other sources. Read more!

IF ONLY this brief could have been filed on behalf of Kentucky in any of the numerous ACLU/EMW/PP legal suits which have claimed that ACOG is the scientific, medical authority on the abortion issue, how might the outcomes for our pro-life laws been affected?

Immense THANKS to AAPLOG for revealing the slippery slope engineered by ACOG over 50 years to re-make abortion as medical “care”.


KRLA Forum

We’ve been following the news on our AG’s web pages.

Here are some headlines with a brief excerpt:

Attorney General Cameron Files Motion to Defend Commonwealth’s Pro-Life Heartbeat and Anti-Discrimination Laws

Jan. 31, 2020 | Link

“It is my duty to fight for those who cannot fight for themselves, and it is my job to stand in the gap and defend Kentucky’s pro-life laws… Kentuckians have made it abundantly clear that they support the unborn, and I am committed to doing everything I can to protect the sanctity of life and defend the will of the people by joining this case.”…


Statement from Attorney General Cameron Following Conclusion of Oral Argument in Defense of Kentucky Law Banning Live Dismemberment Abortions

Jan. 29, 2020 | Link

“HB 454 does not ban the Dilation and Evacuation procedure in Kentucky, but it simply requires abortion providers to ensure that the unborn child dies before beginning the dismemberment procedure. This is, without question, a more humane way to perform the procedure. At issue today is our ability, as Kentuckians, to show compassion to the most vulnerable. That is a core mission of my office, to stand up for the voiceless. While we are confident in the compelling case made by our office before the court today, we will defend the law all the way to the United States Supreme Court, if necessary. That is my pledge to the people of Kentucky.”


Attorney General Cameron Files Amicus Brief Protecting Unborn Children with Down Syndrome From Discriminatory Abortions

Jan. 23, 2020 | Link

Attorney General Daniel Cameron joined Indiana and 16 additional states in filing an amicus brief in the U.S. Sixth Circuit Court of Appeals urging the Court to uphold an Ohio law banning abortions where a doctor knows that the abortion is sought because the unborn child has Down syndrome…


Prepared Remarks of Attorney General Daniel Cameron for the Inauguration of Constitutional Officers

Jan. 6, 2020 | Link

“To me, the role of Attorney General means adhering to one guiding principle – the rule of law (our emphasis). The bedrock of our society is that we are a nation and a government of laws, not of men, as John Adams once put it.

“And if we adhere to that simple principle, it makes the rest of our agenda fall right into place:

“Protecting and ensuring public safety.

“Providing reliability and consistency in the way that the AG’s office operates.

“Defending our state and the laws passed by our duly elected representatives in the General Assembly…”


Many more than three cheers for AG Cameron!



Posts on this page

7/31/2020 11:02:27 AM
Client-attorney privilege not enforceable, says state
6/17/2020 3:03:52 AM
A shout-out is well deserved
6/17/2020 3:01:46 AM
A wrap-up on pro-life legislation that is languishing
4/25/2020 6:07:53 AM
Pro-life legislation SB9 and HB451 not passed; abortion clinics continue to operate during pandemic
4/16/2020 12:01:39 PM
Look for HB67 in the 2021 Legislative Session
4/16/2020 11:54:06 AM
Legislators merge HB451 with SB9 at the last moment of 2020 Session
4/16/2020 9:27:55 AM
SB9 - the Born-Alive Infant Protection Act - for any baby born alive, not restricted to abortion
4/16/2020 9:02:36 AM
State lags way behind in reporting numbers of abortions
3/24/2020 12:38:13 PM
Maybe Governor Beshear has no clout?
3/17/2020 11:49:17 AM
Stop the rumors, get the facts!
3/17/2020 11:40:54 AM
House Bill 67, the Constitutional Amendment bill, has passed the House and been received in the Senate
3/13/2020 12:15:22 PM
Two pro-life bills advance from the House to the Senate; one is posted for passage on March 17
3/7/2020 8:34:33 AM
News about pro-life bills under consideration by Kentucky’s General Assembly
3/7/2020 8:28:04 AM
SCOTUS takes up Louisiana case; decision may dramatically affect abortion industry
2/28/2020 12:51:46 PM
Duty-sworn to be 100 percent pro-life!

All Forum Headlines




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