Major pro-life victory as a judge in this state throws out lawsuit challenging the state’s abortion ban

The abortion issue is being fought in state legislatures, at the voting booth, and in courtrooms around the country.

And there have been some major victories on all fronts.

Like this major pro-life victory as a judge in this state throws out a lawsuit challenging the state’s abortion ban.

A Kentucky judge has dismissed a lawsuit brought by three Jewish mothers who claimed the state’s abortion ban violated the religious freedoms of people who believe life begins at birth, not conception.

Not a leg to stand on

Jefferson County Circuit Judge Brian Edwards ruled that the group of women lacked standing to bring the case.

He also sided with Kentucky’s attorney general, who defended the state’s pro-life laws.

Under the Kentucky law, abortions are banned in almost all cases except when a pregnant woman’s life is in imminent danger of death or permanent injury.

The plaintiffs in the case — Sarah Baron, Jessica Kalb, and Lisa Sobel — filed the suit in 2022 claiming that the state’s abortion ban not only endangered their health but went against their Jewish faith.

The suit centered around in-vitro fertilization (IVF), and whether it would be illegal for women in Kentucky to destroy embryos created by IVF that were not implanted.

Sobel and Kalb are both Jewish mothers who conceived using IVF. 

Kalb had nine embryos in storage but did not plan to have nine more children, so wanted them discarded. 

Baron, who was 37 at the time of the lawsuit filing, said the state’s abortion ban discouraged her from trying to have more children.

Kentucky’s attorney general argued it was clear IVF treatments and the destruction of embryos in private clinics were permissible under state law. 

Hypothetical situations

In his decision Judge Edwards said that the three women’s “alleged injuries … are hypothetical as none are currently pregnant or undergoing IVF at the present time.”

The plaintiffs’ lawyers responded saying the Judge’s ruling continued to put them and other IVF patients at risk.

“Our nation is waiting for a judiciary brave enough to do what the law requires. Our clients demand that we continue the fight and we look forward to review by higher courts,” Aaron Kemper and Ben Potash wrote in a statement.

Meanwhile, the state’s attorney general, Russell Coleman, applauded the ruling and commended Judge Edwards for upholding Kentucky’s pro-life laws.

“Most importantly, the Court eliminates any notion that access to IVF services in our Commonwealth is at risk. Today’s opinion is a welcome reassurance to the many Kentuckians seeking to become parents,” Coleman wrote in a statement.

Since the Bluegrass State’s abortion ban went into effect, some Kentucky women have traveled out-of-state to get abortions.

Sobel argued that women in Kentucky should not have to leave the state in order to receive medical care allegedly aligned with their religious beliefs.

Kentucky is not the only state where abortion bans are being challenged on these alleged religious arguments. 

Similar lawsuits are currently pending in Florida, Indiana, and Missouri.

Pro-Life Press will keep you up-to-date on any developments to this ongoing story.

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