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FRANKFORT, Kentucky, March 30, 2021 (LifeSiteNews) — Lawmakers in Kentucky are making another attempt at amending the state Constitution to clarify that it does not contain a right to abortion.
House Bill 91 calls for the following language to be added to the Kentucky Constitution: “ To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” Republican state Rep. Joe Fischer, who introduced the amendment, has called it “the most consequential change to our constitution since 1891.”
The bill passed the state House in February by a margin of 76-20, and is currently pending before a Senate committee. If approved by three-fifths of the state Senate, it would be submitted to the voters of the state for final adoption in a November referendum. Pro-abortion Democrat Gov. Andy Beshear would have no say over its fate.
In 2018, Save the 1 founder and president Rebecca Kiessling warned LifeSiteNews that pro-abortion activists across the United States were shifting their legal strategy to assert “rights” to abortion rooted in state constitutions rather than Roe v. Wade, as insurance against the possibility of a more conservative Supreme Court someday overturning the infamous 1973 decision, and that in some cases liberal judges are actually “finding a broader right to abortion under state constitutions” than under Roe.
Amendments like HB 91 would protect states against that approach. Several states have pursued similar language, which would not directly affect abortion policy (and therefore would not run the risk of being mired in lawsuits) but would prevent the courts from inventing a state-level “right” to abortion and using it as a basis to strike down duly enacted pro-life laws.
Kentucky lawmakers tried and failed to pass a similar amendment last year.