Lawsuit challenging Kentucky’s HB 5 not germane, not logical

Editor’s note. The following comes from the Kentucky Right to Life Association. HB 5 bans abortions because of a child’s sex, race, or a disability such as Down syndrome and included an emergency clause, meaning HB 5 went into effect immediately upon Gov. Bevin signing the bill last week. HB 5 easily passed both chambers: 32-4 in the Senate and 67-25 in the House.

Kentucky Cabinet for Health and Family Services Secretary Adam Meier

Gov. Bevin has signed HB 5 into law and filed a response to the ACLU’s legal challenge. In a news release, insights to the dispute are presented:

  • House Bill 5, known as the Human Rights of the Unborn Child and Anti-Discrimination Act, was passed by overwhelming majorities in both legislative chambers during the 2019 Kentucky General Assembly.
  • Legal counsel for Gov. Bevin, the Cabinet for Health and Family Services Secretary Adam Meier, has filed a response to EMW Women’s Surgical Center in Louisville’s motion for a temporary restraining order against HB 5.
  • The response argues: “EMW and its abortionists have responded with a novel claim: women have a constitutional right to undergo race-based abortions, gender-based abortions, and disability-based abortions. In [the] plaintiffs’ view, somewhere in the Fourteenth Amendment’s penumbra lies a secret protection of eugenics. That is a perverse distortion of Roe v. Wade and its progeny.”
  • A temporary restraining order enjoining House Bill 5 is not warranted. …The Supreme Court’s abortion jurisprudence has historically been framed as the right to decide whether to have a child as opposed to the right to have a child with certain attributes. That crucial distinction is dispositive here. (that is, it requires settlement of this dispute).

Read the full response here. Thank you, Gov. Bevin and Secy. Meier!