Jefferson Circuit Court denies lawsuit filed by Jewish women against Kentucky abortion laws

LOUISVILLE, Ky. (WDRB) -- A lawsuit filed by three Jewish women challenging Kentucky's abortion laws has been denied.

Much of the case deals with in vitro fertilization. The women claim that Kentucky's abortion laws infringe on the freedom to practice their religion, since they do not believe human life begins at conception, and prohibits them from trying to grow their families.

Two of the plaintiffs have used reproductive medicine to help have children including in vitro fertilization, which they claim is now in limbo because of Kentucky's abortion laws state that life begins at conception. The suit notes that it isn't uncommon for fertilized eggs to be discarded during IVF. The suit questions whether discarding those eggs could be considered a capital offense in Kentucky.

But since none of the women are currently pregnant, Jefferson Circuit Court Judge Brian Edwards sided with the state attorney general's office, which argued the case lacked legal standing.

The court did clarify what it called "misplaced" concerns about IVF, saying state law exempts fertility patients from prosecution.

"The Court eliminates any notion that access to IVF services in our Commonwealth is at risk," Attorney General Russell Coleman said. "Today's opinion is a welcome reassurance to the many Kentuckians seeking to become parents."

Attorneys for the women called Edwards' decision "disappointing," and said they will continue to fight and plan to appeal.

"After thirteen months of waiting, we received a nine-page decision that we feel fails to comport with the law and makes numerous obvious errors," attorneys Aaron Kemper and Ben Potash said in a statement. "Our nation is waiting for a judiciary brave enough to do what the law and our traditions require."

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