A nonprofit publication of the Kentucky Center for Public Service Journalism

Federal judge rules against Gov. Bevin on ambulance service agreements for abortion clinics


Following a three-day trial in September 2017, during which experts and abortion providers testified to the impact of shutting down Kentucky’s last abortion clinic, a federal district court struck down a Kentucky law that would have effectively banned abortion in the Commonwealth.

U.S. District Judge Greg Stivers made the ruling that agreements with an ambulance service and hospital for patient care in event of an emergency are unconstitutional.

This decision keeps open the doors of the only health center in Kentucky that provides safe and legal abortion care, EMW Women’s Surgical Center.

The decision also paves the way for Planned Parenthood of Indiana and Kentucky (PPINK) to expand access to safe, legal abortion in Kentucky.

In March 2017, Kentucky threatened to revoke the license of EMW Women’s Surgical Center, alleging that the clinic’s agreements with a hospital and an ambulance service contained technical deficiencies despite having approved the same agreements in 2016. The state has denied Planned Parenthood an abortion license because of its purported failure to comply with this transfer agreement statute.

“The court’s decision recognized the Kentucky law for what it is: an attack on women wrapped up in a bogus justification and pushed by politicians who’ve been transparent in their pursuit to ban abortion in the state of Kentucky,” said Brigitte Amiri, senior staff attorney with the ACLU’s Reproductive Freedom Project.

“Ours is the last clinic standing in the entire state. The patients that walk through our doors have already dealt with so many obstacles. I’m glad that despite those challenges, they will still find our doors open to them thanks to this victory,” said Dr. Ernest Marshall, EMW Women’s Surgical Center.

More on this case can be found here at the website.


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2 Comments

  1. Marv Dunn says:

    Why does our state legislature continue to pass thinly-veiled religious oriented bills that have already been deemed unconstitutional in other states. And why does our Governor continue to try to defend them in courts with taxpayer money. How many cases has the Governor lost now – I’ve lost count.

  2. James Ruehl says:

    Why does the ACLU continue to treat the “Reproductive System” as an “Entertainment System”?

    How is human life so invaluable to the ACLU?

    Following the ACLU’s logic, animals (as in pets) will have (or already do have) more rights than human babies!

    Tragic!!

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