In Kentucky, abortion is prohibited in almost all circumstances unless the pregnant woman’s life is in imminent danger of death or permanent harm.
Timothy D. Easley/AP
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Timothy D. Easley/AP
A Kentucky judge has dismissed a lawsuit filed by three Jewish mothers who argued that the state’s near-total abortion ban violated the religious freedoms of those who believe life begins at birth rather than at conception.
On Friday night, Jefferson County Circuit Judge Brian Edwards said the group of women lacked standing to sue and sided with the state’s attorney general, who has defended the state’s abortion laws.
In Kentucky, abortion is prohibited in almost all circumstances unless the pregnant woman’s life is in imminent danger of death or permanent harm.
Plaintiffs Lisa Sobel, Jessica Kalb and Sarah Barron filed the lawsuit in 2022, arguing that the state’s ban not only endangered their health but was inconsistent with their Jewish beliefs.
The lawsuit focuses on in vitro fertilization (IVF) and whether it is illegal for a Kentucky woman to discard unimplanted embryos produced through IVF.
Sobel and Kalb are both mothers who conceived through in vitro fertilization. Kalb had nine embryos stored but had no plans to have nine more children. Meanwhile, Barron, who was 37 when the lawsuit was filed, said the state’s ban prevented her from trying to have more children and risking pregnancy complications.
The Kentucky Attorney General’s Office argued that IVF treatments and embryo destruction in private clinics were clearly allowed under state law. But state lawmakers have yet to pass any clear protections.
In his ruling, Justice Edwards said the three women’s “alleged harm… is hypothetical as none are currently pregnant or undergoing in vitro fertilization”.
Lawyers for the plaintiffs said Saturday that the ruling continues to put them and IVF patients at risk.
Aaron Kemper and Ben Potash wrote in a statement: “Our country is waiting for a judiciary brave enough to act as the law requires. Our clients ask us to continue the fight, and we look forward to higher courts. Review.
Meanwhile, state Attorney General Russell Coleman applauded the ruling and praised the court for upholding Kentucky law.
“Most importantly, the Court dispels any notion that access to IVF services in our commonwealth is risky. Today’s opinion is a welcome reassurance for many Kentuckians who want to become parents,” Coleman said in a statement a statement read.
Since the state’s near-total abortion ban went into effect, many women in Kentucky have been forced to travel out-of-state to end nonviable pregnancies.
Sobel said in a speech in May that women in Kentucky should not have to leave the state to get medical care consistent with their religious beliefs.
“I shouldn’t have left to support my family. I shouldn’t have left because legislators didn’t want to acknowledge that my faith is also important,” Sobel told NPR member station LPM.
Kentucky is not the only state where abortion bans are being challenged on religious grounds. Similar lawsuits have occurred in Indiana, Missouri and Florida.
