Lawmakers override Gov. Beshear’s abortion, maternal health veto

FRANKFORT, Ky. (FOX 56) — Kentucky lawmakers have voted to override Gov. Andy Beshear’s veto of House Bill 90.

The bill’s supporters said it is meant to bring clarity to doctors now fearful of breaking Kentucky law for terminating pregnancies while treating expectant mothers experiencing complications.

“Although supporters of House Bill 90 claim it protects pregnant women and clarifies abortion law in Kentucky, it actually does the opposite,” Beshear said in his veto message.

Beshear said the bill would restrict health care and put the lives of women with high-risk pregnancies on the line.

“House Bill 90 addresses the critical need to improve maternal health and access to maternal health care within our Commonwealth, including establishing a framework for the introduction of freestanding birthing centers, as well as clarifying existing abortion laws by providing clearer guidelines for doctors treating complex pregnancies. It was crafted with the participation of multiple stakeholders—including physicians who provide obstetric and gynecological care to Kentucky women each and every day,” Representative Jason Nemes, the sponsor of HB 90 said.

The bill saw a last-minute addition before heading to the governor’s desk. It initially aimed to create a framework for freestanding birthing centers in the Commonwealth, something many patients have crossed the Ohio River to obtain. 

“Unfortunately, at the 11th hour, lawmakers attached HB 414 to the bill,” Angela Cooper, ACLU Kentucky, wrote.

Specifically, the bill noted that termination of a pregnancy complicated “by a fetal anomaly” or “the result of rape or incest” doesn’t constitute an “unlawful abortion.”

However, it will ensure pregnant women experiencing a miscarriage, ectopic pregnancy, molar pregnancy, or other life-threatening complications can receive care.

“It’s also a continuing process, and we are committed to having those continued conversations, but I don’t want to mislead anybody. Kentucky is a pro-life state, and it will stay such. But if we have to do things to continue to improve the lives of pregnant women in danger and to help doctors, we are committed to doing that,” Rep. Nemes said. “I’m proud of this. Some people say I’m more devastated than this than they’ve ever been. I’m prouder now, in this moment when I’m standing out here than I’ve ever been, because this will save lives.”

The bill passed in the House 74–17 before being sent to the governor’s desk. Beshear’s veto is now nullified, paving the way for HB 90 to become Kentucky law.