Today, we took a decisive step by filing for summary judgment on behalf of our courageous Jewish IVF clients and, by extension, all Kentuckians who value religious liberty and personal autonomy.
My clients, three Jewish women pursuing IVF treatments, seek the repeal of Kentucky’s extensive and complex abortion law.
These laws, spanning 83 pages of ideologically driven and internally contradictory regulations, have inadvertently infringed upon the reproductive rights and religious freedoms of countless Kentuckians.
Our argument is clear and grounded in constitutional principles: Kentucky’s abortion statutes are fundamentally flawed. They infringe upon due process with their vagueness, violate the separation of powers through their unintelligibility, and contradict the Commonwealth’s constitutional guarantees of religious liberty, not to mention their breach of the state’s Religious Freedom Restoration Act (RFRA).
This case was initiated after my clients courageously stepped forward to challenge the attorney general’s office, asserting that the state’s abortion laws not only discriminate against their faith but also severely limit their access to IVF—a critical and often necessary medical treatment for starting a family. Jewish law respects the sanctity of life but prioritizes the well-being and autonomy of the individual, a stance that starkly contrasts with the restrictive and, in many ways, intrusive nature of the current laws.
Our legal challenge emphasizes the unconstitutionality of these laws, highlighting their lack of clarity, their arbitrary enforcement, and the undue burden they place on individuals’ religious practices and beliefs. By filing for summary judgment, we are asking the court to recognize these laws for what they are: an unconstitutional imposition on the people of Kentucky, particularly those of the Jewish faith pursuing IVF treatments.
As we await a decision, our commitment to fighting for the rights of my clients and the principles of justice, religious freedom, and personal autonomy remains firm. This battle, while legal in nature, is fundamentally about affirming the dignity and rights of all individuals to make personal decisions free from undue governmental interference or imposition of a singular religious doctrine.
Aaron Kemper, Attorney at Law
This motion was covered by the local news, WHAS 11.
