LOUISVILLE, Ky. — Amendment 2 wanted to change the constitution to specifically say abortion rights and funding are not fundamentally protected in the Commonwealth.
Neither a 'yes' nor 'no' vote could alter Kentucky's current abortion ban. However, since Amendment 2 did not pass, the state's constitution will not be changed.
The outcome of the election that concluded Tuesday highlighted what appeared to be a gap between voter sentiment and the expectations of Kentucky's GOP-dominated legislature, which imposed a near-total ban on abortions and put the proposed constitutional amendment on the ballot.
The ACLU of Kentucky said they fought a "long and hard" campaign and said by informing Kentuckians, they helped make their case.
“This is a victory for bodily autonomy and the right of all Kentuckians to make the best decisions for themselves, but the fight is not over,” Amber Duke, interim executive director for the ACLU of Kentucky, said. “We will now continue our fight in state court to restore abortion access in the commonwealth.”
ACLU of Kentucky Policy Strategist Jackie McGranahan says when the state Supreme Court begins to hear oral arguments in their lawsuit on Nov. 15, they're going to make their case for an injunction to allow providers to perform services while the suit plays out.
Protect Kentucky Access, a group specifically formed to fight Amendment 2, said the vote was an important step toward restoring legal access.
"The results have shown us that while we may not all agree on abortion, we do believe the government needs to stay out of our personal lives and that women, their families and their doctors are the ones who should be making these decisions -- not politicians," said Rachel Sweet, the group's campaign manager.
Meanwhile, Walls admits the Amendment 2 vote will likely factor into the Kentucky Supreme Court's ruling, but he said he feels voters' true desires are ultimately reflected in who they continue to elect into the state House and Senate.
"The other election results here in the Commonwealth was that Kentuckians overwhelmingly returned very large pro-life legislative majorities again in the General Assembly," he said.
The Kentucky ballot question had asked voters if they wanted to amend the constitution to say: “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.”
What does it mean for abortions in Kentucky?
The amendment's rejection leaves open the possibility that abortion could be declared a state right by the court.
Kentucky’s Supreme Court must still decide if an abortion ban is unconstitutional.
Abortion rights supporter groups have said it is unconstitutional based on a Kentuckian’s right to privacy and bodily autonomy.
Attorney General Daniel Cameron says the result of the election doesn't change his belief that there is no right to abortion hidden within the state's constitution.
"The regulation of abortion policy is a matter that belong to our elected representatives in the General Assembly," Cameron said in a statement.
He said his team filed a motion with the Kentucky Supreme Court to explain why the outcome of Amendment 2 "has no bearing on whether the Court should consider creating a Kentucky version of Roe v. Wade."
The court is set to hear the case next week on Nov. 15.
Read Cameron's full statement below:
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