Kentucky awaits ruling on abortion

State Supreme Court could keep potential ban in place

Ona Marshall, the owner of the Kentucky abortion clinic at the center of a new court case, spoke to Repro Rights Now about the situation on the ground there and where she thinks things will develop. 

The state’s voters recently rejected a constitutional amendment that would have banned abortion outright. There still remains a legal challenge to a near-total ban passed by the state legislature would go into place. The Kentucky Supreme Court is expected to issue a decision within this week or the next few ones about whether to stay an injunction against the law. 

“If we win the case and we can reinstate the temporary injunction, that will resume services for people in Kentucky and we also serve the surrounding states,” Marshall said. “If we don't win, then abortion will remain illegal. It doesn't mean it's the end of the case.” 

Presuming the court rules against the clinic, then they can challenge it further up the appellate ladder all the way to the Supreme Court. Given the court’s ruling in Dobbs, it’s likely that the justices would let the law stand. 

Marshall took some time to speculate on what would successfully build an abortion rights movement in Kentucky. First–as with many conservative states–activists would have to understand the culture and concerns of rural voters as well as they do urban ones. Then they would have to build a network connecting them with people who live there who could argue on their behalf. Marshall thinks the natural place to start would be with churches and organizations like the Religious Coalition for Reproductive Rights, which she hopes has chapters in every county. 

“That's not going to be done overnight,” Marshall said. 

Marshall thinks it’s sensible for major feminist organizations to invest more in red states. Volunteers need to be there year-round instead of eight weeks before an election. 

“It really comes down to grassroots organizing,” Marshall said. 

Marshall said that rhetoric and political messaging should appeal to the devout nature of Kentucky voters. 

“I would certainly put some emphasis on religion and abortion,” Marshall said. “That a person's right to bodily autonomy and the ability to exercise their own conscience and free will is fundamental to religious liberty.”