If Amendment 2 passes, politicians will oversee reproductive healthcare. Vote no.
Kentucky has two constitutional amendments on the Nov. 8 ballot. Constitutional Amendment 2 would amend the Bill of Rights of the Kentucky Constitution to state that nothing in the state constitution protects or secures a right to abortion. Thus, Amendment 2 would potentially make ALL abortions illegal in Kentucky, including those resulting from rape and incest. There are many arguments both for and against this amendment; but one argument that has received very little attention is the impact it would have on medical care in our state.
Abortion has always been a contentious issue in Kentucky. And while we tend to be a “pro-life” state, recent polls show that most Kentuckians support exceptions to highly restrictive abortion laws. Should Kentuckians vote in favor of Amendment 2, any arguments against ANY abortion—for ANY reason—could be unsuccessful, as the “no right to abortion” clause would become part of the state constitution.
It’s important to know that Kentucky’s “trigger law” — which would become permanent should Amendment 2 pass —makes abortion a class D felony that can result in a prison sentence of 1 to 5 years. Consider the ramifications of this law for both patients and physicians. For instance, how much “proof” would be necessary to provide lawful treatment to a woman suffering an ectopic pregnancy? When would it be legal to terminate a pregnancy when it was clear that the mother was suffering a miscarriage? If a woman develops cancer during her pregnancy (which occurs in 1 of every 1,000 pregnancies), would treatment of the mother need to be delayed in order to save the life of the fetus? And even with exceptions for protecting the life of the mother, how will physicians determine when a woman’s life is truly “at risk”?
Perhaps the larger question is this: would you want to be a practicing obstetrician/gynecologist in a state where you could go to prison for providing services for a 9-year-old rape victim, or for miscalculating the risk to a pregnant woman’s life? The reality is that it will be lawyers, and not patients and their doctors, who will be making the medical decisions on reproductive healthcare — and that is a chilling thought.
Amendment 2 could also have a profound impact on the number of physicians practicing in Kentucky. In a recent article, The Wall Street Journal warns that states with strict abortion regulations could end up with fewer practicing physicians. The author notes that “Residency programs in states that have restricted abortion since the Supreme Court removed constitutional protection for the procedure said they are making contingency plans for their doctors to train in other states.”
According to the Association of American Medical Colleges, 54.2% of the individuals who completed residencies from 2008 through 2017 are practicing in the state in which they received their training. The significance of this fact cannot be overstated. When states are unable to adequately prepare doctors due to extreme abortion laws, medical school graduates will be forced to complete the final years of their training in other states. In a poor, rural state like Kentucky, can we really afford to lose young physicians? And what would be the economic implications for the medical schools in Kentucky?
As citizens of Kentucky, we need to be asking the hard questions on Amendment 2. It matters little whether you are “pro-life” or “pro-choice,” Republican or Democrat. What ultimately matters is whether we are willing to sacrifice quality medical care in Kentucky in favor of highly restrictive abortion laws. Personally, I plan to vote NO on amendment 2, and I encourage others to do so as well.
Rebecca Powell is a retired Georgetown College professor and a member of Kentuckians for the Commonwealth.