Heather Clark – December 16, 2017
FRANKFORT, Ky. — The Kentucky Court of Appeals has reversed a lower court’s dismissal of a lawsuit against a Planned Parenthood affiliate for performing abortions without a license.
“[T]he [Cabinet for Health and Family Services] has plead facts which suggest Planned Parenthood did everything it could to begin performing abortions as soon as possible,” the court wrote on Friday. “While the Cabinet may have a difficult time proving its allegations, we believe said allegations are sufficient to state a claim upon which relief can be granted.”
As previously reported, in February 2016, Gov. Matt Bevin’s office announced that the Cabinet had filed a lawsuit against Planned Parenthood of Indiana and Kentucky, Inc. (PPINK) after finding that the then-newly opened Louisville location performed 23 unlicensed abortions between December and January.
Planned Parenthood has admitted that the abortions were indeed performed unlicensed, but said that the previous governor’s administration had told them that they needed to have an unannounced inspection before they could obtain the license.
Heather Clark – October 31, 2017
GLASGOW, Ky. — A Kentucky judge who announced earlier this year that he would recuse himself from hearing any same-sex adoption cases has resigned after the state’s Judicial Conduct Commission decided to charge him with ethics violations over his recusal.
Judge W. Mitchell Nance submitted a letter Thursday to Kentucky Gov. Matt Bevin advising that he would resign effective Dec. 16. His attorneys therefore state that the charges leveled against him are subsequently moot.
“[S]ame-sex adoptions present a unique crisis of conscience for Judge Nance,” they wrote, and conflict with “his conscientious religious objection to a child’s adoption by a same-sex couple,” according to a response to the charges obtained by the Glasgow Daily Times.
AP – January 9, 2017
Fighting back against the Republican majority in Kentucky’s Legislature, abortion rights supporters filed a federal lawsuit Monday aimed at blocking a new state law that requires women to get an ultrasound and have the fetal images described to them before having an abortion.
The American Civil Liberties Union went to court soon after Republican Gov. Matt Bevin signed the ultrasound bill into law — one of two abortion measures put on a fast track to passage last week from the GOP-led House and Senate in the first week of the 2017 session.
The ACLU said the ultrasound law violates privacy and 1st Amendment rights by requiring abortion providers to show and describe the ultrasound images to pregnant women, even if the women avert their eyes, which is permissible. The procedure also would seek to detect the fetal heartbeat, but women could ask that the volume of the heartbeat be reduced or turned off, if audible.
The law “compels women to listen to this government-mandated speech while lying captive on the examination table,” according to the lawsuit, filed in U.S. District Court in Louisville.
Bevin called it “sound legislation” and predicted it would hold up in court.