LOUISVILLE, Ky. — Donald Trump is now president-elect of the United States. Throughout his campaign, Trump has bragged about nominating the Supreme Court Justices who overturned Roe v. Wade. He also has said access to abortion is an issue that should be left to the states.
Since his win, people across the country are wondering if their states have enshrined the right to an abortion and other reproductive care into their states constitution.
Currently, Kentucky has one of the strictest abortion bans in the nation. The overturn of Roe v. Wade in 2022 enacted the Commonwealth's "trigger law" from 2019.
Directly, the statue reads:
"No person may knowingly:
1. Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being; or 2. Use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being."
The statute also says any medical professional who violates the law is guilty of a Class D felony. This would mean a prison sentence between one and five years.
There are no exceptions under the law for rape, incest or lack of fetal viability but there are other exceptions.
The law says a physician may "perform a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman."
However, a physician must make "make reasonable medical efforts" to preserve the life of both an unborn fetus and the patient.
Physicians would not be in violation of the law if they perform a medical procedure which "results in the accidental or unintentional injury" of the unborn fetus.
Additionally, under Kentucky law, is a pregnant person gets an abortion out-of-state they would not be subject to a violation of the law or criminal charges.
The law also does not prohibit the use of contraception's of any kind prior to a confirmed pregnancy.
The closest states where abortion is legal are Illinois, Ohio and Virginia.
During the 2024 election, multiple states had abortion rights measures on the ballot. Three states are keeping their bans in place but advocates for reproductive rights saw victories in seven other states.