Aborting a fetus due to her race, gender or disability is now illegal in Kentucky.
In a move state lawyers have defended as a fight against “eugenics,” outspoken pro-life advocate and Kentucky’s evangelical Christian Gov. Matt Bevin signed a bill, HB 5, into law Tuesday immediately banning abortion based on sex, race or disability.
The move comes just days after a federal judge, David J. Hale of the Western District of Kentucky, temporarily blocked another measure Bevin signed into law on Friday, that prohibits abortion after a fetal heartbeat is detected which usually occurs around six weeks. That law was expected to take effect immediately. But late Friday, Hale ruled it was potentially unconstitutional and delayed enforcement for at least 14 days to “prevent irreparable harm” until he could hold a hearing, The New York Times said.
Less than 24 hours after HB 5 was passed last week, the American Civil Liberties Union filed a federal lawsuit asking a judge to block it, the Courier Journal reported.
The ACLU’s lawsuit argues that banning abortion based on sex, race or disability infringes on a woman’s right to an abortion by imposing restrictions on her reasons for doing so.
Bevin’s general counsel M. Stephen Pitt, argued in a filing in U.S. District Court in Louisville on Tuesday that the law bans “eugenics-based abortions.”
“In Plaintiffs’ view, somewhere in the Fourteenth Amendment’s penumbra lies a protection for eugenics,” he wrote. “This is a perverse distortion of Roe v. Wade … and its progeny.”
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SOURCE: Christian Post, Leonardo Blair