LOUISVILLE, Ky. — A Kentucky woman who is pregnant and seeking an abortion filed a lawsuit today in Jefferson County Circuit Court seeking to strike down two abortion bans under the state constitutional rights to privacy and self-determination. The case details the severe harms that Mary Poe, who is approximately seven weeks pregnant, is suffering because the government has denied her access to the care she needs. The lawsuit — Mary Poe v. Russell Coleman, et al. — also requests the court certify a class of all pregnant Kentuckians who seek access to abortion in the commonwealth but cannot obtain that care because of the abortion bans.
The case was brought by a Kentucky woman, referred to as Mary Poe in the filing, who is represented by attorneys from the American Civil Liberties Union, the ACLU of Kentucky, and Kaplan, Johnson, Abate & Bird, LLP.
Statement from Mary Poe, plaintiff in class-action lawsuit:
“I am about seven weeks pregnant, and I have decided that ending my pregnancy is the best decision for me and my family. I feel overwhelmed and frustrated that I cannot access abortion care here in my own state, and I have started the difficult process of arranging to get care in another state where it’s legal. This involves trying to take time off work and securing child care, all of which place an enormous burden on me. This is my personal decision, a decision I believe should be mine alone, not one made by anyone else. I am bringing this case to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the health care they need in our community.”
Statement from Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project:
“We are honored to bring this case alongside our client, Mary, to fight to restore abortion access in Kentucky. As we have seen in Kentucky and across the country, abortion bans have wreaked havoc on people’s lives. Those who can scrape together the resources may be able to travel out of state to get care, but others will be forced to carry their pregnancies to term against their will, often at great cost to their health or lives. We hope that the court will finally strike down for good Kentucky’s blatantly unconstitutional abortion bans.”
Statement from Amber Duke, executive director for the ACLU of Kentucky:
“The ACLU of Kentucky has been fighting tirelessly to restore abortion access in the commonwealth since the day Roe fell. We applaud Mary’s bravery in partnering with us to renew this legal fight. We know Kentuckians support access to abortion care without government interference. We recently marked the second anniversary of voters rejecting anti-abortion Amendment 2. While that victory at the ballot box kept an abortion ban out of the state constitution, this lawsuit, brought by a person actively seeking care, is the next step in overturning the bans currently in place. We hope for an ultimate victory that aligns with the will of the people and overturns these unconstitutional bans.”
A prior lawsuit challenging the same bans was brought by abortion providers on behalf of their patients in 2022, in the days after Roe v. Wade was overturned. After a trial court initially blocked the bans, then-Attorney General Daniel Cameron appealed the decision and a court allowed the bans to go into effect shortly after. The case ultimately made its way to the Supreme Court of Kentucky, which issued a ruling in February 2023 saying that abortion providers could not raise the constitutional rights of their patients in cases brought in Kentucky courts.
