Pro-life amendment to state constitution easily passes first hurdle in Kentucky House committee

By Dave Andrusko

On  Thursday, by a vote of 11-3, members of the House Elections, Constitutional Amendments, and Intergovernmental Affairs Committee approved a proposed pro-life amendment to the Kentucky state Constitution.

House Bill 91, sponsored by state Rep. Joseph Fischer, states, “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” 

HB 91 now goes to the House floor.

The language mirrors constitutional amendment language that has been approved by voters in other states.

Rep. Fischer told Kentucky Today’s  Tom Latek, “The same bill passed the House last year by a 71-21 margin, but was not considered by the Senate, due to the early COVID adjournment.”

Rep. Fischer went on to add, “The right to abortion today is nowhere to be found in our state constitution, or in the U.S. Constitution for that matter.  House Bill 91 simply assures that no Kentucky court will ever be able to fashion an explicit or implicit right to abortion from the language of our Constitution. There will be no Roe v. Wade decision in Kentucky.”

Fischer cited other states, such as Kansas, where the state Supreme Court discovered a “right” to abortion heretofore hidden in the state constitution, as a reason for the constitutional amendment.  James Mayse, reporting for the Messenger-Inquirer, wrote

Fischer said his constitutional amendment would protect abortion restrictions and regulations that lawmakers have passed into law in recent years. In the current session, lawmakers have already passed and overridden a governor’s veto on House Bill 2, which allows the attorney general to bring criminal and civil charges against an abortion clinic that violates state abortion laws.

“We can’t afford to allow our state courts to invent a right to an abortion,” Fischer told the House Elections, Constitutional Amendments and Intergovernmental Affairs Committee on Thursday.