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Op-Ed

Amendment 2 puts abortion policy solely in hands of elected legislators

A demonstrator holds up a sign in support of pro-life rights outside the U.S. Supreme Court in Washington on March 2, 2016. Bloomberg photo by Andrew Harrer.
A demonstrator holds up a sign in support of pro-life rights outside the U.S. Supreme Court in Washington on March 2, 2016. Bloomberg photo by Andrew Harrer. Bloomberg file

Republicans have led in the Kentucky State Senate for more than 20 years, standing up and speaking for the principles of most Kentucky residents across the commonwealth. In 2016, Kentucky voters flipped control in the Kentucky House of Representatives for the first time in nearly a century, solidifying the strength of the commonwealth’s conservative values.

Constitutional Amendment 2 is one of two amendments for your consideration on the Nov. 8 general election ballot. Amendment 2 centers on an often hotly debated and emotional topic.

The long-standing U.S. Supreme Court Roe v Wade ruling, which established a constitutional right to abortion in the United States, was overturned in July. In anticipation of that day, the General Assembly passed laws protecting the life of the unborn.

Through House Bill 91 passed during the 2021 Legislative Session, Constitutional Amendment 2 goes before the voters who have elected conservative supermajorities since 2016. Voters have an opportunity to affirm unequivocally, that there is no inherent constitutional right to an abortion in the Constitution of Kentucky. While this issue is often divisive, we want to clarify what this amendment does and does not do.

What Constitutional Amendment 2 Does:

Constitutional Amendment 2 simply does two things: it says that under the Kentucky Constitution, abortion is not a right and it prevents state funding from being used to perform them. By voting yes on this amendment, you are keeping judges from creating new constitutional rights not explicitly addressed nor even implied in our founding state document. This amendment will continue to protect the woman’s life if a pregnancy is determined to be a medical risk to her life.

Unfortunately, many reporting media and pro-choice activists mischaracterize this amendment and are actively spreading misinformation to confuse the voter, in hopes the amendment you told us you wanted will be voted down.

Sen. Ralph Alvarado
Sen. Ralph Alvarado

What Constitutional Amendment 2 Does Not Do

To be perfectly clear, any time the mother’s life is in danger, a medical doctor is bound by the Hippocratic Oath to preserve life. When passed, this amendment will not prevent doctors from performing life-saving emergency medical procedures on pregnant women. Doctors will not go to jail for removing an ectopic pregnancy, as it is fatal for the fetus since life cannot survive outside of the uterus; it is also severely life-threatening for the mother if the embryo implants in the fallopian tube. Quick treatment is vital to protect the mother’s life. Doctors have and will continue to be able to perform emergency procedures or provide aid to a woman with a naturally occurring miscarriage.

Sen. Max Wise
Sen. Max Wise Provided photo

This constitutional amendment does not prevent the legislature from drafting and passing additional, clarifying abortion laws in this commonwealth.

A vote of “yes” on Constitutional Amendment 2 is not a debate of whether or not you believe in abortion; a vote of “yes” on this amendment is a statement that you do not want issues related to abortion in the hands of judicial regulators. Rather, you want the duly elected members of the General Assembly to be able to respond to the will of their voters on this matter. If the amendment does not pass, it would give abortion activists and judges the ability to challenge and shoot down every abortion-restricting law that has already been passed. Sadly, this would even open up the possibility to late-term abortions in Kentucky.

You can read the complete amendment language ahead of election day here.

We urge you to vote yes on Amendment 2 and solidify that nowhere in the constitution does it state or imply a right to an abortion in the Commonwealth of Kentucky.

Senator Ralph Alvarado, R-Winchester, represents the 28th Senate District, including Bath, Clark, Menifee and Montgomery Counties and an eastern portion of Fayette County. Senator Max Wise, R-Campbellsville, represents the 16th District, including Adair, Allen, Metcalfe, Monroe, and Taylor Counties and eastern Warren County.

This story was originally published October 26, 2022 at 8:55 AM.

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