Kentucky Woman Files Class-Action Lawsuit Against Two Abortion Bans
LOUISVILLE, Ky. — A Kentucky woman filed a lawsuit today in Jefferson County Circuit Court challenging two of the Commonwealth’s abortion bans. The case details the severe harms that Jane Doe, who is approximately eight weeks pregnant, and a class of all pregnant Kentuckians seeking abortion are enduring because the government has denied her access to the care she needs.
Jane Doe brings the class action on behalf of all Kentuckians who are pregnant and seeking abortion to strike down these abortion bans, which have been in effect since August 2022, under the state constitutional right to privacy and self-determination.
The case — Jane Doe, et al. v. Daniel Cameron, et al. — was brought by Jane Doe and Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, who are represented by attorneys from the American Civil Liberties Union, the ACLU of Kentucky, Planned Parenthood Federation of America, Craig Henry PLC, and O'Melveny & Myers LLP.
Statement from Jane Doe, lead plaintiff in class-action lawsuit:
“I am a proud Kentuckian and I love the life and family I have built here. But I am angry that now that I am pregnant and do not want to be, the government is interfering in my private matters and blocking me from having an abortion. This is my decision—not the government’s or any other person’s. I am bringing this lawsuit because I firmly believe that everyone should have the ability to make their own decisions about their pregnancies. I hope this case will restore abortion access in Kentucky, if not for me then for the countless people in the future who deserve the autonomy to decide what is best for themselves and their families.”
Statement from Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project:
“Jane Doe should have the power to make decisions about her body, and to access essential health care in her community, but Kentucky politicians have denied her that fundamental right. Kentucky’s abortion bans violate the Kentucky Constitution, including its promise of protecting everyone’s right to privacy, which encompasses the right to access abortion. These bans have harmed countless Kentuckians since going into effect last year, and we are relieved to be back in court to try to restore abortion access in Kentucky. Jane Doe has tremendous courage to step forward, and we invite others to join her in the case as well.”
Statement from Amber Duke, executive director for the ACLU of Kentucky:
“We at the ACLU of Kentucky said we would not rest until access to abortion was restored in our commonwealth. Today, alongside our brave client Jane Doe, we renew our legal fight. Kentuckians have been forced to either travel hundreds of miles or carry pregnancies against their will, resulting in life-altering consequences and serious health risks over the past year. We know Kentuckians support access to legal, safe abortion care without government interference. They said so clearly when they soundly rejected anti-abortion Amendment 2. We hope for a victory that aligns with the will of the people and overturns these unconstitutional bans.”
Statement from Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky:
“Jane Doe’s decision to fight back in court while pregnant and in need of an abortion is beyond brave. In challenging the state’s abortion bans, she has provided hope for reproductive freedom that Kentuckians so desperately need. But this lawsuit should not have been necessary in the first place. Every Kentuckian should have access to abortion in their own state, because this is essential reproductive health care. The right to privacy and self-determination should not be up for political debate, because Kentuckians believe that government does not belong in our medical decisions. Planned Parenthood is proud to fight alongside Jane Doe until abortion access is restored for people all across the Commonwealth.”
Statement from Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America:
“Today, one courageous Kentuckian stood up not only for the right to control her own body, but for the right of every pregnant person in the state to do the same. While no Kentuckian should have to file a lawsuit to get an abortion, we are grateful that Jane Doe has. In doing so, she has said ‘enough is enough.’ Enough government interference in Kentuckians’ reproductive health decisions. Enough denying people access to care in their own communities. We are hopeful that this court will affirm Jane’s rights to privacy and self-determination, as promised in the state constitution, and allow her to get the care she needs. As this case moves forward, Planned Parenthood will continue to support patients seeking care, and we will continue fighting alongside them for reproductive freedom for all Kentuckians.”
The lawsuit comes just over a year after Kentuckians emphatically rejected an anti-abortion ballot measure that would have amended the state constitution to exclude the right to abortion.
A prior lawsuit on behalf of abortion providers representing their patients was filed in the days after Roe v. Wade was overturned challenging the same bans. After a trial court initially blocked the bans, Attorney General Daniel Cameron appealed the decision and a court allowed the bans to go into effect. The case ultimately made its way to the Supreme Court of Kentucky, which issued a ruling in February saying that abortion providers could not raise the constitutional rights of their patients in cases brought in Kentucky courts.
The complaint for Jane Doe, et al. v. Daniel Cameron, et al. can be found here.
The motion for class action can be found here.
The motion for leave for Jane Doe and others similarly situated to proceed under pseudonym can be found here.
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For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. For more information on the ACLU, visit www.aclu.org.
The American Civil Liberties Union (ACLU) of Kentucky is freedom's watchdog, working daily in the courts, legislature and communities to defend individual rights and personal freedoms. For additional information, visit our website at: www.aclu-ky.org.
Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 35 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. Planned Parenthood is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.
Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With nearly 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.
Related Documents
Reproductive Freedom
Jane Doe, et al. v. Daniel Cameron, et al.
Reproductive Freedom
Jane Doe, et al. v. Daniel Cameron, et al.
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MissouriDec 2024
Reproductive Freedom
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Press ReleaseDec 2024
Reproductive Freedom
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Press ReleaseDec 2024
Reproductive Freedom
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Following the vote, the amendment was certified and officially added to the state constitution on November 25. The case was brought by Dr. Eric M. Reuss, M.D., M.P.H., Dr. Paul A. Isaacson, M.D., and Planned Parenthood Arizona, Inc., represented by the American Civil Liberties Union, the ACLU of Arizona, Planned Parenthood Federation of America, the Center for Reproductive Rights, and Perkins Coie LLP. Statement from Dr. Eric M. Reuss, M.D., M.P.H., obstetrician and gynecologist, Scottsdale Obstetrics & Gynecology, P.C.: “I am proud to participate in this lawsuit, which will mark the first step in following through with Arizona voters’ desires when they adopted new constitutional language protecting the right to abortion. For two years, physicians’ hands have been tied when a patient needs to end a pregnancy after 15 weeks, including when they face serious pregnancy complications. But today we can once again provide care to people who want to end their pregnancy. We hope the courts will quickly recognize the harms of Arizona’s ban and strike it down once and for all. This is a great day for my patients. I am thrilled to see their freedom to make their own healthcare decisions without state interference restored.” Statement from Dr. Paul Isaacson, M.D., obstetrician and gynecologist, Family Planning Associates Medical Group “As a physician, I see firsthand the devastating impact restrictive abortion laws have on my patients and their families. I joined this lawsuit because I believe that health care decisions should be made in the exam room—between a patient and their doctor—not dictated by political agendas. The constitutional amendment voters approved last month made it clear that Arizonans value the right to access safe, compassionate care, including abortion. Yet, the 15-week ban forces us to withhold essential care from patients, even when their health or future is at risk. My patients deserve better. I am hopeful that the courts will honor the will of the people and restore their right to make deeply personal decisions about their own bodies.” Statement from Dr. Jill Gibson, chief medical officer, Planned Parenthood of Arizona: “Arizonans resoundingly voted to enshrine abortion access in the state constitution when they voted YES on Prop 139 and made it clear they do not support bans on abortion. As a doctor, I know first-hand how abortion bans and restrictions force people to carry forced pregnancies, seek to self-manage their abortion when they would have preferred to access care within the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care. Abortion bans not only negatively impact individual lives, they impact families and generations, and perpetuate other systems of oppression. Our community deserves the right to make our own decisions about our bodies and our health. And Planned Parenthood Arizona will not stop fighting for our patients and our health care staff.” Statement from Rebecca Chan, staff attorney, ACLU Reproductive Freedom Project: “Arizona voters sent a clear message that pregnant people should have the right to make their own personal decisions about abortion and to control their bodies and their lives. But this ban denies people that fundamental right. We have gone to court to ask the court to strike down the law to vindicate the will of the people and ensure that people can get the care they need in their own community. We applaud Arizona abortion providers for their strength in navigating this unjust law for two years and continuing to provide as much care as they were permitted to provide. We are relieved that patients who are more than 15 weeks pregnant can once again get the care they need. This case is the first step towards fulfilling the amendment’s promise.” Statement from Lauren Beall, staff attorney, ACLU of Arizona: "For decades Arizona lawmakers chipped away at the rights of people who can become pregnant and tied the hands of their healthcare providers. Voters made it clear that they’ve had enough. Today, we are asking the court to end Arizona’s dangerous 15-week ban and to affirm the will of the people. We are proud to stand by our state’s resilient abortion providers and partners to ensure everyone gets the care they need and deserve." Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America: “With their vote on Proposition 139, Arizonans said definitively that the only people qualified to make pregnancy decisions are patients and their health care providers, not politicians. It’s time for the state’s abortion law to reflect that belief and the values enshrined by the Arizona Abortion Access Act. 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