Murray State professor explains Amendment 2

MURRAY – In two weeks, Kentuckians will weigh in on whether to add language to the state Constitution that would remove any legal right to abortion in the commonwealth.

The ballot question on Amendment 2 is as follows:

“Are you in favor of amending the Constitution of Kentucky by creating a new section of the Constitution to be numbered Section 26A to state as follows: To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion?”

Kevin Elliott, assistant professor of political science at Murray State University, said that the question is not straight forward in that it looks at two different issues – it forbids the interpretation of the Constitution to include a right to abortion in addition to forbidding the funding of abortion, which is already illegal in the state.

“If you read it, you could come away with the impression that abortions are publicly funded in the state of Kentucky as of 2022 and, of course, that is not currently the law,” Elliott said. “The law already forbids public funding of abortions in Kentucky, so that second part of the amendment is basically not needed because it is already illegal.”

Passing the amendment would make it a matter of constitutional law that the state government could not fund abortions. As of now, though, it is currently illegal. If the legislature wanted to, it could repeal that law and fund abortions publicly. If the amendment passes, the legi