Kentucky Bill Proposes Adding Exceptions for Abortion in Cases of Rape and Incest

An attempt to ease Kentucky’s near-total abortion ban by creating limited exceptions for pregnancies caused by rape or incest was introduced in the GOP-dominated House, reflecting a contentious issue from the previous governor’s campaign.

The bill, filed by Republican state Rep. Ken Fleming on the final day for new House bills, faces uncertainty as House Speaker David Osborne mentioned that the GOP supermajority has not discussed any specific abortion bill.

Kentucky’s near-total abortion ban has been in place since the U.S. Supreme Court overturned Roe v. Wade in 2022. The state’s trigger law prohibits abortions except to save the mother’s life or prevent a disabling injury, with no exceptions for rape or incest cases.

Fleming’s proposal seeks to make abortions legal in cases of rape and incest within six weeks of the woman’s last menstrual period, along with exceptions for a dead fetus removal and lethal fetal anomaly cases.

The bill also maintains current exceptions for saving the mother’s life or preventing disabling injuries.

Furthermore, the measure outlines a process for physicians to document abortion circumstances under state law.

The bill filing echoes a previous attempt by another GOP lawmaker to relax the state’s abortion ban, but the issue was not addressed by the legislature’s Republican supermajority in 2023.

The abortion issue was a focal point in Kentucky’s governor’s race, with Democratic Gov. Andy Beshear emphasizing his support for abortion rights against his Republican challenger’s backing of the state’s abortion ban.

Kentucky remains one of 14 states with a ban on abortions at all stages of pregnancy, following the U.S. Supreme Court’s decision to overturn Roe v. Wade.

Since then, several Republican-controlled states have implemented abortion bans, with restrictions varying from banning abortion after detecting cardiac activity to total pregnancy bans.