LOUISVILLE, Ky. — With Election Day only one day away, you've likely seen an increase of political ads on television.
Some of the ads are urging Kentucky voters to vote either 'yes' or 'no' on Amendment 2, which deals directly with abortion access and whether you believe there's a constitutional right to one in the state.
Some of claims, made on both sides of the political aisle, however, could be considered exaggerated.
WHAS11's VERIFY Team dug into two of those ads to take a closer look at the claims made.
THE QUESTIONS
- Would voting 'yes' on Amendment 2 eliminate all exceptions for abortions?
- Would voting 'no' on Amendment 2 impact whether your tax dollars are funding abortions?
THE SOURCES
- Sam Marcosson, University of Louisville Constitutional Law Professor
- Kentucky Revised Statute 311.772
THE ANSWER
WHAT WE FOUND OUT
According to the Human Life Protection Act, also known as the trigger law passed in 2019, a licensed physician "may knowingly perform an abortion to prevent a pregnant mother's death, substantial risk of death due to a physical condition, or serious and permanent impairment to a life-sustaining organ."
So, regarding question 1, claims made by some pro-abortion rights groups relating to risk of a mother's life are false. Even if Amendment 2 passed, current Kentucky law would still provide exception for a mother's life.
However, Marcosson tells WHAS11 while certain ads can be deemed misleading, it could hold truth if doctors themselves decide not to perform the procedure at all in fear of backlash and prosecution.
"If providers are risk averse or their insurers are risk averse, in saying, 'Well, we think we can come under a medical exception, but it's not clear, and in this circumstance I'd rather not take the risk,' [then] there is that risk," he said.
Marcosson also confirmed abortions are not publicly funded under current state law in the majority of circumstances, which was still the case even before Roe v. Wade was overturned.
"That's a little bit misleading to suggest that somehow that's at stake in this Amendment -- that's there for voters who might think, 'Well, I don't want public funding, but I want to protect a woman's right to make a private decision,' and they want to focus on the dollars' issue when the dollars' issue is really a little bit to one side," he said.
So, regarding question 2, claims made by some anti-abortion rights groups regarding tax payer money are false. Amendment 2 would not affect tax dollars spent on the procedure.
Ultimately, if the amendment passes, any lawsuits aiming to legalize abortions again in Kentucky would likely be dismissed.
If it fails, the door stays open for the state Supreme Court to make the ultimate call, deciding whether the current ban violates women's constitutional rights.
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