‘Overwhelmed and frustrated,’ Louisville woman sues to overturn Kentucky’s abortion ban 

By Sarah Ladd
Kentucky Lantern

A pregnant woman who wants an abortion is suing in Jefferson Circuit Court to challenge Kentucky laws banning the procedure, the American Civil Liberties Union announced Tuesday. 

The plaintiff, identified by the pseudonym Mary Poe in the lawsuit, said in a statement that “ending my pregnancy is the best decision for me and my family.” 

“I feel overwhelmed and frustrated that I cannot access abortion care here in my own state, and I have started the difficult process of arranging to get care in another state where it’s legal,” Poe said. “This involves trying to take time off work and securing child care, all of which place an enormous burden on me. This is my personal decision, a decision I believe should be mine alone, not one made by anyone else.” 

Among others, the lawsuit names as defendantsAttorney General Russell Coleman and Cabinet for Health and Family Services Secretary Eric Friedlander. 

Poe, who is about seven weeks pregnant and lives in Louisville, is asking that the state’s abortion bans be overturned and declared “unconstitutional and unenforceable,” according to the 42-page lawsuit. The court document also states “the bans and the irreparable harms they inflict are an affront to the health and dignity of all Kentuckians.” 

The lawsuit also states that “Mary Poe and the other putative and future class members are suffering medical, constitutional, and irreparable harm because they are denied the ability to obtain an abortion.” 

Amber Duke, executive director for the ACLU of Kentucky, said in a statement that voters’ rejection of Amendment 2 in 2022 showed “Kentuckians support access to abortion care without government interference.” 

That amendment would have stated that there is no right to abortion in the commonwealth’s Constitution. 

“While that victory at the ballot box kept an abortion ban out of the state Constitution, this lawsuit, brought by a person actively seeking care, is the next step in overturning the bans currently in place,” Duke said. “We hope for an ultimate victory that aligns with the will of the people and overturns these unconstitutional bans.” 

Poe said she wants “to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the health care they need in our community.”

Poe’s lawsuit is the second of its kind in Kentucky since the United States Supreme Court overturned landmark abortion case Roe v. Wade and Kentucky’s “trigger” law went into effect. Last December, a woman filed a similar lawsuit, stating she was pregnant and did not wish to be. Within days of filing her lawsuit, though, the pregnancy lost viability. 

Kentucky judges have focused abortion rulings on the issue of who has standing to challenge them, and the U.S. Supreme Court has likewise avoided ruling on the merits of abortion bans. 

Kentucky’s Supreme Court is changing in makeup, however, after the Nov. 5 election. For the first time, Kentucky’s highest court will be majority female.