Kentucky lawmakers file brief on behalf of life
Act conveys to court message of resolve against partial-birth abortion
From Kentucky Citizen Digest, May, 1999

On Feb. 18, 15 state senators and 25 state representatives filed a “friend of the court” brief (amicus brief) in favor of the state ban on partial-birth abortion.Judge John Heyburn II of the 6th U.S. District Court blocked the abortion ban last November.Heyburn’s ruling stirred the pro-life community and prompted state legislators to send a strong message to the Sixth U.S. District Court of Appeals that Kentucky’s lawmakers are adamant about banning partial-birth abortions in the commonwealth.

“We are proud of Kentucky legislators for passing the bill in the 1998 session and are appreciative of their continuing interest,” said Margie Montgomery of Kentucky Right to Life.“They all have demonstrated their commitment to protecting human life, particularly those who signed onto the brief.”

According to the brief filed on be-half of the legislators, their intent is “to vindicate Kentucky’s interest in maintaining a clear line between abortion and infanticide.”Prior to enactment, proponents of the legislation had argued that partial-birth abortion is more akin to infanticide rather than abortion.This perspective led most legislators to vote for the bill, which passed the House by a margin of 80-13 and the Senate by 34-2.Even Gov. Paul Patton and Attorney General Ben Chandler, both abortion supporters, are in favor of the ban on partial-birth abortion.

According to Chandler’s official post-trial memorandum, the Commonwealth of Kentucky has erected “an insurmountable barrier to infanticide by giving a partly born child protection under the criminal laws rather than permitting a doctor to kill a partly born infant by means of a partial birth abortion.”

However, Planned Parenthood and the American Civil Liberties Union disagreed, filing suit against the abortion ban last November. Both organizations claimed that it was unconstitutional and that it created a “chilling effect” for abortionists.

In contrast, still another amicus brief filed earlier by Kentucky Right to Life, and State Reps. Bob Heleringer and Thomas Riner maintained that “every criminal law, by its very existence, may have some chilling effect on personal behavior.That is the reason for its passage.”

Even though the U.S. Court of Appeals won’t hear the case until next fall, supporters of the ban are optimistic about their day in court. . .And abortion proponents will be having sleepless nights through Kentucky’s long, hot summer.
 

Key Family Foundation Contacts: Kent Ostrander, Executive Director Martin Cothran, Senior Associate Policy Analyst