A Sixth Circuit federal appeals court, in a 2-1 vote, has upheld the constitutionality of House Bill 2 (2017) which requires an abortion provider to provide mothers with an ultrasound and the opportunity to receive a description of what it depicts, as well as the opportunity to hear the fetal heartbeat, before she chooses to terminate her pregnancy.
Gov. Matt Bevin declared it as “a major pro-life legal victory.”
In its ruling, the U.S. Court of Appeals for the Sixth Circuit:
• Affirmed that Kentucky has a strong interest in protecting unborn life and that HB 2 furthers that interest,
• Affirmed that showing an ultrasound and hearing the fetal heartbeat “gives a patient greater knowledge of the unborn life within her,” and
• Rejected the notion that the Kentucky legislature must follow what groups like the American College of Obstetricians and Gynecologists (ACOG) and the National Abortion Federation (NAF) say.
“Today is a historic day, as Kentucky continues to lead the charge in implementing strong pro-life protections for its citizens,” said Gov. Bevin. “We applaud the decision by the Sixth Circuit, which affirms the commonsense notion that patients should be well equipped with relevant information before making important medical decisions.”
The court agreed with Gov. Bevin’s counsel that informed-consent laws are constitutional when they merely require the disclosure of truthful non-misleading, and relevant information.
Gov. Bevin has also worked with the General Assembly to enact several vital pieces of pro-life legislation, including:
• SB 4 (2016) – requiring informed consent (in-person or via real-time video),
• SB 5 (2017) – protecting children after 20 weeks of gestation,
• HB 454 (2018) – banning the gruesome practice of live dismemberment abortion,
• SB 9 (2019) – banning abortions after a baby’s heartbeat has been detected, and
• HB 5 (2019) – banning abortions based on race, gender, and perceived disability.
Gov. Bevin’s legal team is also currently defending HB 454, SB 9, and HB 5 in federal court.
To access a copy of today’s ruling by the U.S. Court of Appeals for the Sixth Circuit, click here.
