Long-sought ultrasound law struck down in district court

By Marnie McAllister, Record Editor

A law requiring ultrasounds prior to an abortion was struck down in U.S. district court Sept. 27. Judge David J. Hale judged the law to be a violation of the first amendment rights of physicians.

The law was signed by Gov. Matt Bevin on Jan. 9.

It requires a physician or qualified technician to perform an ultrasound on a woman seeking an abortion and show the screen images to her. The doctor or technician will be required to inform the mother what the images show, including any organs that are visible and the size of the fetus. The provider must also seek to detect the fetus’ heartbeat.

The measure allows the woman to refuse to view the ultrasound and she may ask the provider to mute the heartbeat if audible.

Advocates of the unborn celebrated the law’s signing after similar bills had languished for years in the Kentucky General Assembly.

The bill — House Bill 2 — passed the House with an 83-12 vote and moved through the Senate with a 32-5 vote.

Among the bill’s advocates was the Catholic Conference of Kentucky, which represents Kentucky’s four bishops on matters of public policy. Andrew Vandiver, the conference’s associate director, said he’s disappointed in the district court decision and encouraged supporters of the ultrasound law to pray.

“This law enjoyed broad bipartisan support and furthered the interest of the Commonwealth in protecting human life and ensuring that expectant mothers are fully informed,” he said via email Oct. 2. “Fortunately this ruling does not provide the final word on the issue.

“Governor Bevin has stated that he will appeal the decision to the sixth Circuit Court of Appeals and ask that it uphold the law in accordance with similar rulings from the fifth and eighth circuits,” he said. “I would encourage those who supported this legislation to pray that justice prevails as this matter is considered on appeal.”

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