Rape and incest would be legal exceptions to Kentucky’s expansive abortion restrictions if a new bill becomes law.
Louisville Republican Rep. Jason Nemes filed House Bill 569 which would add rape and incest exceptions to Kentucky’s abortion bans as long as the “probable gestational age” of the fetus is less than 15 weeks.
The two exceptions would be added to the trigger law and six-week ban currently in effect, which only permit abortions to save the life of the pregnant person.
Abortions would also require approval from two physicians who believe the fetus has a condition that would not allow it to survive outside the womb.
The doctor would also be required to certify in writing that a patient requested the abortion because the pregnancy resulted from rape or incest if there is “reasonable belief the pregnancy is the result of rape or incest,” per the bill language.
The proposal is the third abortion-related bill filed by Republicans so far this session, but the first to introduce new exceptions to current abortion restrictions.
Abortion has been illegal for nearly eight eight months in Kentucky as a battle over access plays out in court.
Following the defeat of an anti-abortion constitutional amendment in Kentucky last year and a state Supreme Court ruling this month that would keep the near-total bans on abortion in place, lawmakers are trying to figure out how to regulate abortion going forward.
Republican leaders of the legislature had previously hinted they will consider exceptions.
Two other anti-abortion bills have been filed by Republican legislators this session; SB 118 by Sen. Whitney Westerfield, from Crofton, that would create a constitutional amendment similar to the one defeated last fall.
Louisville Republican Rep. Emily Callaway filed a bill that would treat abortion as homicide and prosecute people who seek illegal abortions. It was not received well by other Republican politicians.
Democrats have filed two bills so far rolling back restrictions in the two abortion bans, but they’re unlikely to gain traction in the GOP-led legislature.
Lexington Democratic Rep. Lindsey Burke filed a bill that would repeal various provisions in the two existing laws banning nearly all abortions, roll back restrictions and make sure medical providers would face no felony charges or penalties for providing abortion in any and all cases.
Louisville Democratic Sen. Denise Harper Angel, filed a bill earlier this month to add rape and incest exceptions to the laws banning abortion. It has not been assigned to a committee.
