Kentucky republican files bill to add exceptions to state abortion law

LOUISVILLE, Ky. (WDRB) -- A Louisville republican has filed a bill that would add exceptions to the states near-total abortion ban.

On Friday, Rep. Ken Fleming (R-Louisville), along with Rep. Jim Gooch Jr. (R-Providence) and Rep. Vanessa Grossl (R-Georgetown) filed the bill.

The proposed bill, identified as House Bill 203, would allow a physician to determine, "in his or her best clinical judgement," that an abortion is necessary:

To preserve the life of the mother or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman
To remove a dead unborn fetus
To remove an ectopic pregnancy or incomplete miscarriage
Because of a lethal fetal anomaly, defined as a "fetal condition diagnosed before birth from which an unborn child would die at birth or shortly thereafter, or be stillborn

It would also allow an abortion if under "the physician's best clinical judgement the pregnancy is the result of rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020(2)(b) or (c) and the abortion is performed no later than six (6) weeks after the first day of the woman's last menstrual period."

“While the Court continues to consider the legal challenges to abortion policies, we have an opportunity to deliberate a path forward for Kentucky and provide both clarity to medical providers and compassion to victims of rape and incest," Fleming said in a statement sent to WDRB. "I’ve had countless conversations with fellow legislators who are passionately pro-life, but also know the hell that these victims have endured, I think most Kentuckians are coming to terms with the same concerns.”

Last year, Fleming filed a similar law.

So did Sen. David Yates (D-Louisville), which was known as "Hadley's Law," named after Hadley Duvall, who was raped by her stepfather and became pregnant, and later miscarried.

In 2024, Kentucky's Supreme Court refused to halt the state's near-total abortion ban and another outlawing abortion after the sixth week of pregnancy.

Kentucky's near-total trigger law ban and a separate six-week ban were both passed by Republican legislative majorities. The trigger law was passed in 2019 and took effect when Roe v. Wade was overturned in 2022. It bans abortions except when they are carried out to save the life of the patient or to prevent disabling injury. It does not include exceptions for cases of rape or incest.

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