'Trigger law' bill to ban abortion in Kentucky clears House committee

FRANKFORT — A bill to ban abortion in Kentucky — should the U.S. Supreme Court overturn the 1973 Roe v. Wade decision legalizing it — easily cleared the House Judiciary Committee Wednesday, despite objections from some members who said the measure punishes women and is based on speculation.

"All it does is set us back 50 years," said Rep. Nima Kulkarni, a lawyer and Democrat from Louisville. "It's a knee-jerk reaction to a situation that is entirely hypothetical."

But Rep. Joe Fischer, the sponsor of House Bill 148, said enacting it would put Kentucky among a half-dozen states that have approved or proposed such laws, based on the belief a more conservative U.S. Supreme Court might reverse its 46-year-old decision on abortion and return authority to the states to decide the matter.

"This bill will reflect what I think are Kentucky values," said Fischer, a Republican from Fort Thomas. "It will protect all human life from the moment of conception."

Despite objections from some committee members and several speakers opposed to the measure, it passed 15-6 and now moves to the House for a vote.

It is one of a handful of measures pending in the current legislative session meant to eliminate or restrict abortion.

On Thursday, a committee is scheduled to take up Senate Bill 9, the so-called "fetal heartbeat" bill that would ban abortions once a heartbeat can be detected in the fetus, generally around six weeks of pregnancy. Critics have said it would effectively ban abortions in Kentucky.

Attorney General Andy Beshear warned legislative leaders in a Jan. 31 letter that the measure is unconstitutional because it would ban abortions well before the fetus is considered viable at around 24 weeks, the standard set by federal courts.

Fischer's bill is described as a "trigger law" because it would take effect only if the Supreme Court reverses its previous stance on abortion.

HB 148 would make it a felony, punishable by up to five years in prison, for a health provider to terminate a pregnancy unless it were to save the life of the pregnant woman. It makes no exception for pregnancies that result from rape or incest, which Rep. Maria Sorolis, a Louisville Democrat, cited in voting against it.

"I am not willing to subject 14-year-old girls from carrying a pregnancy caused by rape or incest to term," Sorolis said.

But other members spoke in favor of the measure, including Rep. Stan Lee, a Lexington Republican.

"The consequences of not passing this are dire to that little unborn child," Lee said.

Representatives of Planned Parenthood and the American Civil Liberties Union of Kentucky were among those who spoke against the bill, saying it would cause particular hardship for poor women and those experiencing domestic violence.

"Decisions about pregnancy are personal and they can be complicated," said Kate Miller, advocacy director for the ACLU. "Pregnancy, unfortunately, puts a woman living in an abusive situation at higher risk."

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Lee said he was not persuaded by such arguments, including that unintended pregnancies would make it harder for women to escape poverty.

"Yeah, we've got poverty and nobody wants anybody to be in poverty," he said. "At least if a citizen is living in poverty, they're living."

Several lawmakers questioned the need to pass the bill this year, noting that there is no immediate case before the Supreme Court that could lead to overturning Roe v. Wade.

But Fischer said that a number of challenges to state abortion laws are pending in federal court circuits that could eventually wind up before the high court.

"Out there in the circuits there are many cases percolating that might lead to the overturning of Roe v. Wade," he said. 

Some Kentucky lawmakers including Senate majority leader Damon Thayer, a Georgetown Republican, have said they hope the proposed "fetal heartbeat" law might become the first such challenge to reach the Supreme Court, leading it to reverse Roe v. Wade.

Opponents warned Wednesday such laws won't stop abortion, but will merely drive it underground with desperate women seeking dangerous measures to terminate pregnancies.

"No matter what law you pass, you will not prevent abortion from happening," said Annie Prestrud, an abortion rights advocate. "But you will increase the risk."

Deborah Yetter: 502-582-4228; dyetter@courierjournal.com; Twitter: @d_yetter. Support strong local journalism by subscribing today.