By Taylor Hughes
Abortion, the medical termination of a pregnancy, is one of the most divisive moral, political, and cultural issues impacting the United States today. In June 2022, the Supreme Court overturned the landmark cases of Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), ruling that the United States Constitution “does not confer the right to an abortion.” The results of this decision are such that the states are left responsible for determining the legality of abortion within their borders. New Jersey and Kentucky have very different policy approaches on this issue, and the health effects of both methods can inform the decisions of future lawmakers.
In January 2022, The Freedom of Reproductive Choice Act (P.L. 2021, c. 375) was signed into law, enshrining the right to reproductive choice in the New Jersey State Constitution. There are no gestational limits to abortion in NJ, meaning it is legal to seek an abortion at all stages of pregnancy for any reason. Abortion is also legal for any pregnant person in NJ, extending protections to those who reside in another state. Those under 18 years of age seeking an abortion can do so in NJ without parental permission.
In contrast, Kentucky has multiple legal bans on abortion in place. The most restrictive of them is a total ban (also known as a “trigger ban”) which went into effect immediately following the Dobbs decision. The total ban makes providing an abortion, whether surgical or medical, a class D felony, which includes a prison sentence between one and five years for the provider. Pregnant women cannot be charged under this statute, nor can they be arrested if they self-manage an abortion and seek medical care afterward. Removal of an ectopic pregnancy is allowed in Kentucky, as the law does not view that procedure as an intrauterine abortion. There are exceptions in place if the life of the mother is at risk or if serious injury to the mother is possible.
In the 2022 midterms, Kentucky voters rejected Kentucky Constitutional Amendment 2, which would have solidified abortion bans into the state constitution. More specifically, it would have established no constitutional right to an abortion and no state requirements for funding an abortion. Rejecting the amendment did not secure new abortion rights in the state, but it let Kentucky lawmakers know how the people felt on that issue, and it left open the possibility for laws to change in the future.
Kentucky is one of many states that placed abortion on the ballot in 2022, and time will tell how all states choose to address this issue and any complications that arise from it. New Jersey is solid in its stance to protect abortion rights, and it is likely to stay that way. The health effects of either restricting or protecting abortion rights may inform future lawmakers as they move to make their states work for the people.
Taylor Hughes is a graduate student pursuing a Master of Public Policy degree at the Edward J. Bloustein School of Planning and Public Policy. She serves as a research assistant with the New Jersey State Policy Lab.