In a landmark legal battle in Kentucky, a pregnant woman has initiated a class-action lawsuit challenging the state’s stringent abortion bans. The plaintiff, identified as Mary Poe in court documents, is contesting the restrictions under Kentucky’s constitutional rights to privacy and self-determination. Filed in Jefferson County Circuit Court, the case highlights the urgent plight of Mary Poe, who is seven weeks pregnant and has been denied access to the necessary medical care due to these bans.
Represented by the American Civil Liberties Union (ACLU), ACLU of Kentucky, and Kaplan, Johnson, Abate & Bird, LLP, Poe is pushing for the court to certify a class comprising all pregnant Kentuckians who are unable to access abortion services in the state because of the existing prohibitions.
Mary Poe expressed her distress over her inability to obtain abortion care in Kentucky, forcing her to arrange for the procedure in another state where it remains legal. “This involves trying to take time off work and securing child care, all of which place an enormous burden on me,” Poe stated. “This is my personal decision, a decision I believe should be mine alone, not one made by anyone else. I am bringing this case 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.”
Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, commented on the case, “We are honored to bring this case alongside our client, Mary, to fight to restore abortion access in Kentucky. As we have seen in Kentucky and across the country, abortion bans have wreaked havoc on people’s lives. Those who can scrape together the resources may be able to travel out of state to get care, but others will be forced to carry their pregnancies to term against their will, often at great cost to their health or lives. We hope that the court will finally strike down for good Kentucky’s blatantly unconstitutional abortion bans.”
Amber Duke, executive director of the ACLU of Kentucky, praised Poe’s courage and underscored the ongoing legal efforts to restore abortion access in the state since the overturning of Roe v. Wade. “We know Kentuckians support access to abortion care without government interference,” Duke said. “[T]his lawsuit, brought by a person actively seeking care, is the next step in overturning the bans currently in place”
The lawsuit follows a prior legal challenge by abortion providers in 2022, which was initially successful in blocking the bans. However, the decision was appealed, and the bans were reinstated. The case escalated to the Kentucky Supreme Court, which ruled in February 2023 that abortion providers could not represent the constitutional rights of their patients, setting the stage for this new legal challenge led by an individual directly impacted by the restrictions.
Mary Poe’s lawsuit represents a critical fight for reproductive rights in Kentucky, aiming to overturn what the plaintiffs argue are unconstitutional bans that deny women essential healthcare.
Information courtesy of ACLU Press Release. Lawsuit documents can be accessed here.
