Amendment 2: Kentucky voters could establish that citizens don't have the right to abortion
Kentuckians will now decide if the constitution should add language that denies the right to abortions.
STEFANI REYNOLDS/AFP via Getty Images; Insider
- Kentucky's Amendment 3 will change the constitution to clarify that the right to abortion does not exist.
- Proponents say it's necessary to remove future legal challenges to the state's current abortion ban laws.
- Opponents argue that it will make it more difficult to pass future abortion rights legislation.
A "yes" on Amendment 3 will add language to the state constitution clarifying that the right to an abortion is not protected under the state constitution.
Ballot measure details
The state of Kentucky is trying to pass a constitutional amendment that would make clear that abortion is not a protected procedure.
If passed, Amendment 3 would add the line "to protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion" to the state constitution. The state legislature voted to put Amendment 3 on the ballot in 2021.
Abortion is banned in Kentucky, except in cases of endangerment to life, after legislators enacted a trigger law following the Supreme Court's June 24 ruling overturning national abortion rights.
Currently, there are three lawsuits challenging abortion law in Kentucky, all of which assert that the state's constitution provides a right to abortions. If Amendment 3 passes, it would curtail this argument in these lawsuits, which are set to be heard in the Kentucky Supreme Court after the Nov. 8 election.
Alabama, Louisiana, Tennessee, and West Virginia have passed amendments over the past decade that clarify that the constitution does not provide a right to abortion.
Support and opposition
Yes for Life Kentucky is leading the campaign in support of Amendment 3. Other supporters include religious groups like the Catholic Conference of Kentucky and state Republicans.
Those in support argue that the amendment is necessary to remove future legal challenges to the state's abortion law.
Protect Kentucky Access is leading the campaign against Amendment 3. Opponents of Amendment 3 include Planned Parenthood, the American Civil Liberties Union, and the Human Rights Campaign PAC.
Those opposed say the amendment will make it harder to pass abortion rights legislation in the state or argue that a person's right to abortion is protected.
A similar measure in Kansas did not pass this August after an unprecedented voter turnout to oppose it.