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AN ACT proposing to create a new section of the Constitution of Kentucky relating 1
to reproductive rights. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. Are you in favor of amending the Constitution of Kentucky as stated 4
below to add a section that would establish a new individual right to reproductive 5
freedom, including the right to make and carry out all decisions about pregnancy such as 6
prenatal car e, childbirth, postpartum care, contraception, sterilization, abortion, 7
miscarriage management, and infertility, and prohibit state interference with the exercise 8
of that right? 9
SECTION 2. IT IS PROPOSED THAT A NEW SECTI ON BE ADDED TO 10
THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS: 11
(1) (a) Every person has a fundamental right to reproductive freedom, which 12
entails the right to make and effectuate decisions about all matters relating to 13
pregnancy, including but not limite d to prenatal care, childbirth, postpartum care, 14
contraception, sterilization, abortion care, miscarriage management, and infertility 15
care. 16
(b) A person's right to reproductive freedom shall not be denied, burdened, or 17
infringed upon unless justified by a compelling state interest achieved by the least 18
restrictive means. 19
(c) Notwithstanding the above, the Commonwealth may regulate the provision 20
of abortion care after fetal viability, provided that in no circumstance shall the 21
Commonwealth prohibit an abortion that, in the professional judgment of an attending 22
health care professional, is medically indicated to protect the life or physical or mental 23
health of the pregnant person. 24
(2) The Commonwealth shall not discriminate in the protection or enforcement 25
of this fundamental right. 26
(3) The Commonwealth shall not penalize, prosecute, or otherwise take adverse 27
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action against a person based on the person's actual, potential, perceived, or alleged 1
pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion; 2
nor shal l the Commonwealth penalize, prosecute, or otherwise take adverse action 3
against a person for aiding or assisting a pregnant person in exercising the pregnant 4
person's right to reproductive freedom with the pregnant person's voluntary consent. 5
(4) For purposes of this section: 6
(a) The Commonwealth's interest is "compelling" only if it is for the limited 7
purpose of protecting the health of a person seeking care, consistent with accepted 8
clinical standards of practice and evidence -based medicine, and does not infringe on 9
the person's autonomous decision-making; and 10
(b) "Fetal viability" means the point in pregnancy when, in the professional 11
judgment of an attending health care professional and based on the particular facts of 12
the case, there is a significant l ikelihood of the fetus's sustained survival outside the 13
uterus without the application of extraordinary medical measures. 14
Section 3. This amendment shall be submitted to the voters of the 15
Commonwealth for their ratificat ion or rejection at the time and in the manner provided 16
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 17
of this Act. 18
Section 4. Notwithstanding any provision of KRS 118.415 to the co ntrary, the 19
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 20
entirety of the proposed amendment to the Constitution of Kentucky contained in Section 21
2 of this Act to be published at least one time in a newspaper of general circulation 22
published in this state, and shall also cause to be published at the same time and in the 23
same manner the fact that the amendment will be submitted to the voters for their 24
acceptance or rejection at the next regular election at which members of the General 25
Assembly are to be voted for. The publication required by this section and KRS 118.415 26
shall be made no later than the first Tuesday in August preceding the election at which 27
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the amendment is to be voted on. 1
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the 2
Secretary of State, not later than the second Monday after the second Tuesday in August 3
preceding the next regular election at which members of the General Assembly ar e to be 4
chosen in a year in which there is not an election for President and Vice President of the 5
United States, or not later than the Thursday after the first Tuesday in September 6
preceding a regular election in a year in which there is an election for P resident and Vice 7
President of the United States, shall certify the entirety of the question in Section 1 of this 8
Act and the entirety of the proposed amendment to the Constitution of Kentucky 9
contained in Section 2 of this Act to the county clerk of each county, and the county clerk 10
shall have the entirety of the question and the amendment, as so certified, indicated on 11
the ballots provided to the voters in paper or electronic form as applicable to the voting 12
machines in use in each county or precinct. 13