A Jewish woman’s lawsuit challenging Kentucky’s pro-life law, which she argues has an unclear stance on in vitro fertilization (IVF), can proceed, an appeals court ruled July 18.
The Kentucky Lantern reported that three Jewish women — Lisa Sobel, Sarah Baron, and Jessica Kalb — initially sued the state over the pro-life law. The Kentucky Court of Appeals ruled that only Kalb has standing to sue. Kalb currently has nine frozen embryonic children, while the other two women would like to use IVF to have children but do not have any frozen embryos.
Citing her Jewish beliefs, Kalb says that life does not begin until birth and argues that Kentucky’s nearly comprehensive pro-life law discriminates on the basis of religion and favors Christian values, the Kentucky Lantern reported. She also has PCOS, a medical condition which makes it difficult for her to carry a pregnancy to term.
Louisville Public Media reported that Kentucky’s law allows abortion only in cases where the mother’s life is in danger, the pregnancy is ectopic or molar, or a miscarriage would cause sepsis or hemorrhage. Sobel, Baron, and Kalb had argued that the pro-life law is vague when it comes to IVF and that it is unclear if discarding embryos violates the law.
Now, Kalb’s challenge against the law returns to Jefferson Circuit Court, where the judge will rule on the merits of her case rather than standing, the Kentucky Lantern reported.
According to the outlet, the appeals court’s ruling states that Kalb needs the lower court to “clarify her rights,” adding that “This is not a speculative issue because these embryos currently exist, and Ms. Kalb is entitled to know her options without fear of potential legal peril.”
The Kentucky Lantern also reported that Benjamin Potash, a lawyer representing Kalb, said that the case now has “a very solid chance of clearing up this ambiguity in the law and making this law a little bit fairer for everyone involved.”
However, Kentucky Attorney General Russell Coleman, a Republican, said that Kentucky law on IVF is clear. In court, his legal team argued that the pro-life law only applies to pregnancy in terms of a fetus inside of a woman, rather than embryos created or disposed of during the process of IVF.
“Access to IVF is fully protected for Kentuckians hoping to grow their families,” Coleman said, the outlet reported. “We are confident the circuit court will agree once again.”
