abortion rally in downtown Louisville

People hold signs at a rally held by ACLU of Kentucky and Planned Parenthood in downtown Louisville on June 24, 2022.

LOUISVILLE, Ky. (WDRB) -- An appellate court has denied an appeal by Kentucky's attorney general to reinstate the state's abortion ban.

A lawsuit filed Monday on behalf of the state's two abortion clinics — the EMW Women's Surgical Center and Planned Parenthood clinics in Louisville — asked a judge to issue a temporary restraining order to block a state law banning most abortions that took effect after the U.S. Supreme Court's ruling last week to overturn Roe. V. Wade.

Jefferson County Circuit Court Judge Mitch Perry granted the temporary restraining order on Thursday to block the law.

In a statement late Thursday afternoon, Attorney General Daniel Cameron said he had asked the Kentucky Court of Appeals to stay Perry's decision.

"Every day that goes by that the Human Life Protection Act and Heartbeat Law are prevented from taking effect, more unborn lives will be lost," Cameron said at the time. "These laws represent Kentucky’s values and its support for life. We’re moving quickly to defend this important law and to have it restored."

Cameron's appeal was denied on Saturday, according to the American Civil Liberties Union (ACLU) of Kentucky, meaning abortion remains legal in the state. 

"This is a great victory for now," the ACLU said in a statement posted to Twitter on Saturday. "We'll fight with everything we have to keep it. No one — no matter where they live — should be forced to remain pregnant against their will."

Cameron also tweeted a response following the court's decision, saying his office was "disappointed with the ruling."

"The ruling continues to prevent Kentucky's Human Life Protection Act and heartbeat law from taking effect," he continued. "We intend to bring this matter to the Supreme Court of Kentucky."

Attorneys for the clinics argued Kentucky’s constitution protects the right to an abortion. In defending the state law, Cameron’s legal team said no such constitutional right exists. Perry heard arguments from both sides in a Louisville courtroom Wednesday before issuing his order.

The lawsuit filed on behalf of the abortion clinics claims women were being "forced to remain pregnant against their will" in violation of the state’s constitution. The suit asked the judge to temporarily block the "trigger law" along with another Kentucky law that attempted to prevent abortions after six weeks of pregnancy. The six-week ban was previously blocked by a federal court. But the lawsuit said it’s anticipated that the injunction preventing its enforcement will be dissolved in light of the Supreme Court decision.

The trigger measure contains a narrow exception allowing a physician to perform a procedure necessary to prevent the death or permanent injury of a pregnant woman. It does not permit abortions in cases of rape or incest.

IMAGES | Rally held in downtown Louisville after Supreme Court abortion decision

Attorneys for the clinics argued that Kentucky's constitution allows for abortion. They said one of the clinics has turned away about 200 potential patients since the Friday ruling.

Because the Supreme Court said abortion is not protected by the U.S. Constitution, abortion rights advocates are challenging the ban by arguing it violates the Kentucky constitution covering the right to privacy and bodily autonomy. 

A hearing on the ACLU's request for a temporary restraining order on Kentucky's trigger law banning abortions is scheduled July 6. 

The request to continue abortion services in Kentucky — through intervention by state courts — could turn into a stopgap effort. In November, Kentuckians will vote on a ballot initiative that, if ratified, would establish that no state constitutional right to abortion exists. Both sides of the abortion debate are busy organizing ahead of the election.

This story may be updated.

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