LOUISVILLE, Ky. (AP) 鈥� Kentucky's sweeping abortion ban was challenged Thursday by three Jewish women who brought a lawsuit arguing that it violates their religious rights under the state's constitution.
The legal challenge, filed in state court in Louisville, says the state's Republican-dominated legislature 鈥渋mposed sectarian theology鈥� by prohibiting nearly all abortions. The lawsuit bears similarities to legal challenges to abortion bans in at least two other states.
鈥淧laintiffs鈥� religious beliefs have been infringed: they are Jewish and Jewish law (鈥渉alakha鈥�) asked and answered the question of fetal personhood thousands of years ago and rabbis, commentators and Jewish legal scholars have repeatedly confirmed these answers in the intervening millenia," the Kentucky lawsuit reads. 鈥淲hile a fetus is deserving of some level of respect under halakha, the birth giver takes precedence. Jews have never believed that life begins at conception.鈥�
Kentucky's Republican attorney general, Daniel Cameron, signaled he will fight the lawsuit, which names him as a defendant. Cameron has defended the state's abortions restrictions in various courts, touting his anti-abortion stance in his campaign for governor. The gubernatorial election will be in 2023.
鈥淭he General Assembly has made it clear that Kentucky will protect unborn life and these laws are an important part of the commonwealth,鈥� Cameron said Thursday in a statement.
It's the latest attempt to strike down Kentucky's far-reaching abortion prohibitions, but the newest suit offers another legal twist by basing the challenge on religious grounds.
has set a November hearing in another case challenging the abortion restrictions. The high court allowed the near-total ban to remain in place while it reviews that case.
Also, abortion will next month when Kentuckians decide the fate of a proposed constitutional amendment that would eliminate the right to abortion in the state.
The lawsuit filed Thursday in Jefferson County Circuit Court in Louisville delves into theology and medical science. The question of when human life begins, it reads, 鈥渋s a religious and philosophical question without universal beliefs across different religions.鈥�
鈥淛udaism has never defined life beginning at conception,鈥� the suit said, adding that 鈥渕illenia of commentary from Jewish scholars has reaffirmed Judaism鈥檚 commitment to reproductive rights.鈥�
鈥淯nder Jewish law, a fetus does not become a human being or child until birth,鈥� it said.
The abortion ban also violates Kentucky's Religious Freedom Restoration Act, the women said in their lawsuit. That law states that government 鈥渟hall not substantially burden a person鈥檚 freedom of religion鈥� unless it proves a compelling interest and uses 鈥漷he least restrictive means" to do so, it noted.
The suit also claims that Kentucky's abortion law infringes on constitutional religious rights in regard to use of in vitro fertilization. Two plaintiffs have a child conceived through IVF, the suit said.
The IVF process often results in surplus embryos that must either be kept frozen at high costs or discarded by the clinics with the consent of the donors, the lawsuit reads.
鈥淧laintiff鈥檚 religious beliefs demand that they have more children through IVF, yet the law forces plaintiffs to spend exorbitant fees to keep their embryos frozen indefinitely or face potential felony charges鈥� under the state鈥檚 fetal homicide law, the suit said.
鈥淭his dilemma forces plaintiffs to abandon their sincere religious beliefs of having more children by limiting access to IVF and substantially burdens their right to freely exercise these sincerely held religious beliefs,鈥� it added.
The Kentucky case echoes lawsuits that were filed and to block state abortion bans on the grounds that the measures violate religious freedom.
Kentucky鈥檚 legislature enacted a 鈥渢rigger law鈥� banning nearly all abortions that took effect after the in June stripped women鈥檚 constitutional protections for abortion. The only exception under the Kentucky law is when the health of the mother is threatened.
Lawmakers also passed a separate six-week ban. Those laws already are being challenged by the two remaining clinics in Kentucky that provide abortions, both in Louisville.
Bruce Schreiner, The Associated Press
