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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.

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fetus at 10 weeks

Learn about Kentucky’s Dismemberment Law.

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A team of pro-life leaders met in Frankfort last week to perform triage on the bills that have been introduced by our wonderful representatives and senators. Some bills have moved along further than others. Which bill is most important to pass?

HB 67 is sponsored by Rep. Joe Fischer and 30 other House Republicans! The large number of fellow Republicans who have co-sponsored the bill shows it is considered to be IMPORTANT.

This bill would create a new section of the Constitution of Kentucky stating that it does not secure or protect a right to abortion or funding of abortion. This would be accomplished by an amendment to our Constitution. The public would vote to approve this amendment next November if it passes the legislature.

The committee that will hear the arguments is the House Elections, Constitutional  Amendments & Intergovernmental Affairs Committee. See the Republican members here for their email address, legislative phone number, and twitter handle, if known.

With our strong pro-life constituents who have elected pro-life legislators, now is the time to defend innocent human life through a Constitutional Amendment to ban abortion or any funding of it. If Roe v. Wade is weakened or banned by SCOTUS, this amendment will state our case.

Please take a moment to contact the committee members to hear HB67 and pass it on to the House Floor. Leave a message for your legislators by calling the Legislative Message Line at 1-800-372-7181. Thank you!


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Does the Planned Parenthood clinic on 7th Street in Louisville have Transfer Agreements? Will it really begin doing abortions in March? We will update this post as new facts come to light.


Deborah Yetter, Louisville Courier Journal | Published 5:06 p.m. ET Jan. 31, 2020 | Updated 6:11 p.m. ET Jan. 31, 2020

Planned Parenthood now has permission to provide abortions at its clinic in downtown Louisville, making it the second facility in Kentucky to offer the procedure at a time when providers in some states are closing clinics under pressure from anti-abortion laws.

The decision by the administration of Gov. Andy Beshear was hailed by Planned Parenthood of Indiana and Kentucky as a victory for women’s health and reproductive rights, saying the decision allows it to provide “a full range of reproductive health care.”

…Planned Parenthood said it plans to begin offering abortions in March.

Unlike EMW, which operates a storefront clinic and is the site of daily sidewalk protests by people opposed to abortion, Planned Parenthood’s clinic is set back off the road with on-site parking surrounded by a privacy fence.

Read more.

Do governors have the right to overrule legislation in the court system that is pending resolution?

The C-J reported in late September 2018 that Judge Stivers (a Fifth District Court judge) ruled in favor of the abortion clinics, and struck down the “state law requiring Kentucky abortion clinics to have written agreements with an ambulance service and hospital for emergencies… ” His ruling was appealed by Gov. Bevin to the Sixth Circuit Appeals Court. THAT IS WHY the article ALSO states:


Deborah Yetter, Louisville Courier Journal | Published 4:12 p.m. ET Sept. 28, 2018 | Updated 6:49 p.m. ET Sept. 28, 2018

The revocation of EMW's license would have made Kentucky the only state without a single abortion provider. Stivers had ordered that EMW could remain open while the legal challenge is pending… (Our emphasis)

What has changed? The TA case has NOT been ruled on by the Sixth Circuit Court. The only new document on PACER that we can find is the Amy Cubbage, Ackerson & Yann, PLLC, motion to withdraw as Counsel for EMW WOMEN’S SURGICAL CENTER, P.S.C., et al., filed 1/30/2020.

Do governors have the right to overrule legislation in the court system that is pending a resolution? And if Daniel Cameron decides to appeal that decision, if unfavorable, to SCOTUS, will Gov. Beshear have any right to grant a license to PP?

C-J article in 2019 reported on Judge Stiver’s challenge to Gov. Bevin to grant PP a license to abort

Last August the Bevin administration was advised to grant a license to Planned Parenthood, as reported in the C-J.


Deborah Yetter and David Harten, Louisville Courier Journal | Published 10:18 p.m. ET Aug. 16, 2019 | Updated 4:33 p.m. ET Aug. 17, 2019

…In a notice to the judge filed Friday, Meredith and lawyer M. Stephen Pitt, Bevin's general counsel, told the judge that the state had denied a license to Planned Parenthood and that he has no authority in the matter.

“Respectfully, this Court has no jurisdiction over the state licensing process," the notice said.

The state's denial comes amid an ongoing dispute over whether Kentucky abortion clinics must have transport and transfer agreements with an ambulance and hospital in the event of a medical emergency, as required by a 1998 state law.

Has Kentucky’s Transfer Agreement law been overturned? When? Does Planned Parenthood now have Transfer Agreements? We are keeping our ear to the ground.

For more background on this controversy, see the blog series on then-AG Beshear's Amicus brief on behalf of the abortion clinics, and the TA page on this site.


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The already well-argued case to end Dismemberment Abortion was presented in a nutshell this morning at the Sixth Circuit Court of Appeals in Cincinnati. Deputy Solicitor General for the Commonwealth, Matt Kuhn (r), represented Kentucky’s interest, supported by Attorney General Daniel Cameron (l) and Chad Meredith, Solicitor General.

Attorney for the appeal

Attorney Kuhn explained to the panel of judges why the trial to defend the Law (in November 2018) against the EMW/ACLU challenge was improperly decided. Numerous legal precedents were cited. Many who are reading this article would find the audio of the hearing very interesting. It is accessible on the Appellate Court website here.

The courtroom was packed, with nearly all the seats taken by pro-lifers. The judges were Gilbert Merritt, appointed by President Jimmy Carter; John Bush, who also served on the hearing for the Ultrasound Law (a pro-life victory!), appointed by President Donald Trump; and Eric Clay, a Bill Clinton appointee. The timeframe for their decision is unknown at this time.

Following the hearing, a media conference organized by former Rep. Addia Wuchner was held just outside the Courthouse. She championed the Dismemberment Law during her final term in the House after representing District 66 since 2005. Ms. Wuchner now heads ProLife Woman, a Women’s Health Advocacy Media Group.

AG Daniel Cameron, Sen. Whitney Westerfield and Attorney Kuhn addressed the media and answered questions. AG Cameron assured the crowd that Kentucky would pursue the case to the Supreme Court if needed. Reference was made to a procedure during which a baby’s beating heart was expelled during the D&E abortion. He pointed out that the people of Kentucky would not permit this gruesome and inhumane medical procedure to be practiced on an animal. Why do we accept it for the human infant?

All the speakers agreed that Dismemberment Abortion is a sad reality but if it must be offered as part of the Roe v. Wade legal rules, then assuring the painless demise of the fetus before its limbs are torn off and its head is crushed— is essential.

AN ASIDE: The arguments insisting that it is the safest way for the woman never take the child into consideration. This hearing was timely in that scientists have recently confirmed that a fetus feels pain as early as 12 weeks.

EMW was represented by Atty. Andrew Beck, who is listed as an employee of the American Civil Liberties Union Foundation which is located in New York City. No supporters of Dismemberment Abortion were in view when the media interviewed him.

For more photos, visit KRLA’s Facebook page. For background on this topic, see all previous Forum posts and the Laws Under Fire webpage.


KRLA Forum

The 2020 Regular Session began January 7 and ends April 15. The last day a new bill can be introduced is March 2 in the House and in the Senate, March 3. See the Legislative Calendar here.

A number of bills have been introduced. To find out what your State senators and representatives will hear or debate during the session, go here and click on the Orders of the Day posted for the respective entities.

Following are bills that will interest pro-lifers:

SB9 "Born-Alive Infant Protection Act" - Introduced by Sen. Whitney Westerfield— same bill as SB227 in 2019, is to “Create new sections of KRS Chapter 311 to prohibit a person from denying or depriving a born-alive infant of nourishment with the intent to cause or allow the death of the infant; …” This bill passed the Senate on Jan. 27.

SB9 would also formalize that any born-alive infant shall be treated as a legal person in state statutes. Another provision would ban scientific research on born-alive infants.

At the EMW, Kentucky’s only abortion clinic, abortions are performed up to 22 weeks, and if a child were (miraculously) born alive it would need the resources of a hospital to survive. The bill is a strong statement that differentiates Kentucky from states such as New York whose laws permit leaving the born-alive baby to die. If abortions are being performed in any Kentucky hospitals, this bill would apply.

AN ASIDE: The “Pain-Capable” Kentucky Law that passed in 2017 states that a child can feel pain at 20 weeks post fertilization, but the statute defines the time frame in this way: “Pain-capable unborn child” means an unborn child of a probable post-fertilization age of twenty (20) weeks or more; The EMW took full advantage of the “or more” wording, and does abortions up to “21 weeks and 6 days”— or 22 weeks minus Sunday when it is closed.

HB142 is “AN ACT prohibiting the payment of public agency funds to any entity that performs, induces, refers for, or counsels in favor of abortions.” Sponsored by Rep. Lynn Bechler and four other Republicans, it extends current legislation to prevent public funds from going to entities that refer or counsel in favor of abortion.

HB67, sponsored by Rep. Joe Fischer and 30 other House Republicans, would create a new section of the Constitution of Kentucky stating that it does not secure or protect a right to abortion or funding of abortion. This would be accomplished by an amendment to our Constitution. The public would vote on this next November if it passes the legislature.

SB90, sponsored by Sen. Stephen Meredith and three other Republicans, creates a new section of KRS Chapter 344 to protect the conscience rights of medical providers.

The bill defines terms; prohibits discrimination against medical care providers who decline to perform procedures that violate their conscience; grants providers the right not to participate in or pay for services that violate their conscience; exempts providers from liability for exercising these rights; and establishes a civil cause of action for persons injured by violations of these provisions.

HB370, sponsored by Rep. Nancy Tate and three other Republicans. The statute would become part of the Ky. Revised Statutes (311.710 - 311.830). This bill requires that “Within 24 hours after a spontaneous miscarriage or an abortion, the hospital or abortion facility shall (a) Disclose to the parent or parents of the fetus, both orally and in writing, the parents' right to determine the final disposition of the fetal remains; and (b) Provide the parent or parents of the fetus with written information concerning the available options for disposition of the fetal remains… (more).” We will link to this Bill when it is posted.

HB391, sponsored by Rep. Stan Lee and three other Republicans. Amends KRS 213.101, relating to abortion reporting requirements, to allow the Auditor of Public Accounts to perform an annual audit.

HB398, sponsored by Rep. Steve Sheldon and 18 other Republicans. Compliance and reporting requirements for pharmacy benefit managers administering Medicaid benefits, more; abortion cited.

HB400, sponsored by Rep. Steve Sheldon and 18 other Republicans. Definitions and prohibitions on Pharmacy coverages by insurance, more; abortion cited.

As we become aware of pro-life bills, we will update this post. You can watch the legislative proceedings on KET TV.

Senator Westerfield on KET tv


KRLA Forum
Schu Montgomery, Opinion contributor | Courier-Journal | Published 6:30 a.m. ET Jan. 22, 2020

schu_cj.jpgThis Friday’s March for Life, held annually to mourn the anniversary of the devastating Roe v. Wade ruling— Jan. 22,1973— remains the grassroots’ single most salutary moment in the struggle to end abortion and restore legal protection for unborn children.

The March’s 2020 theme, “Life Empowers: Pro-Life is Pro-Woman” showcases the 100th anniversary of the 19th Amendment of the Constitution guaranteeing women the right to vote. We know much of the credit for women’s equality at the ballot box goes to Susan B. Anthony and other feminist trailblazers, like Elizabeth Lady Stanton and Alice Paul. What many Americans don’t know, though, is that Anthony and her feminist counterparts were passionately pro-life!

These heroines of the early feminist movement branded abortion “the ultimate exploitation of women.”

They not only recognized the rights of our smallest children (in the womb), but they knew at its core abortion harmed women — physically, emotionally and spiritually. Anthony referred to the “horrible crime of child-murder” when referring to abortion in her publication, “The Revolution.”

Lesser-known feminists of that era, like Dr. Elizabeth Blackwell, the first woman medical doctor in the U.S., said she chose her profession, in part, because of her hatred for abortion. Repulsed that the term “female physician” was applied to abortionists (operating illegally at the time), Blackwell penned in her diary, “The gross perversion and destruction of motherhood by the abortionist filled me with indignation, and awakened active antagonism.”

Like the leading 19th century feminists who opposed abortion for its taking of innocent life, today’s Feminists for Life and their allies view abortion as a major impediment to full social equality. In the words of feminist author and psychologist Sidney Callahan, “Women will never climb to equality and social empowerment over the mounds of dead fetuses.”

Norma McCorvey, the “Jane Roe” in Roe v. Wade, devoted the last 20 years of her life to undoing Roe v. Wade, and “the lies” she said it was based on. Chief among them —being duped into saying she was raped and needed an abortion. But Norma was never raped, and by the time Roe was decided, had already placed her baby (a girl) for adoption.

McCorvey, along with Sandra Cano, the “Mary Doe” in Doe v. Bolton (the companion case to Roe), who deeply regretted her abortion, tried unsuccessfully to get the Supreme Court to rehear the landmark decision, a ruling that legalized abortion through all nine months of a women’s pregnancy for virtually any reason.

Since 1973, more than 60 million babies (half of them girls) have been destroyed by abortion.

As pro-lifers flood the streets of Washington for the 47th straight year, evidence mounts weekly of an industry run amok, with supporters unhinged to the breaking point.

In 2019 alone, 100 reports of assault, vandalism and harassment against peaceful pro-lifers were recorded across the nation.

The ghastly remains of more than 2,400 aborted babies in Hoosier abortionist Ulrich Klopfer’s garage and car trunk surfaced unexpectedly in the fall.

Indiana Attorney General Curtis Hill’s subsequent probe, coming only after Klopfer’s death, brought to light the sleazy abortionist’s revoked medical license from 2016 for “poor record keeping, failure to provide anesthesia to patients, and performing abortions on thirteen year old patients.”

Ongoing attempts to drag the abortion industry out of the shadows, to expose its track record of botched abortions and the scarring of women, has been hampered by a media, by and large, grounded in pro-abortion bias.

Thankfully, President Trump and 200 federal lawmakers realizing the gravity of the abortion nightmare have filed amicus curiae briefs urging the Supreme Court to revisit Roe v. Wade.

In the Louisiana case of June Medical Services v. Gee, to be argued in March, the stories of 2,600 women hurt by the abortion industry will be on trial as the justices consider whether abortionists must have hospital admitting privileges to treat patient emergency complications.

Students for Life President Kristan Hawkins senses what’s at stake: “The Supreme Court now has a chance to reconsider, reverse, and return the issue of abortion to the American people, (where) states should absolutely have the right to pass their own health and safety standards designed to protect women inside abortion vendors.”

Schu Montgomery is a member of the board of directors for Right to Life of Louisville.



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Kentucky Right to Life

Kentucky's largest and oldest right to life organization and the official state affiliate of the National Right to Life Committee

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