The anonymous woman challenging Kentucky’s abortion bans is no longer pregnant. In a Wednesday court filing, her lawyers stated Mary Poe still has standing to sue on behalf of pregnant Kentuckians who desire to end their pregnancies.
“She recently traveled to another state to obtain legal access to the abortion care that she was denied in Kentucky due to the challenged bans,” said Poe’s legal team in the Nov. 20 notice. “Nevertheless, Mary satisfied Kentucky’s constitutional standing requirements at the time of filing, when she was pregnant and seeking abortion care … and she remains an appropriate plaintiff and class representative to pursue her constitutional claims.”
When Poe first filed her class action lawsuit on Nov. 12, she was around seven weeks pregnant and claimed severe harm and suffering because state law prevented her from terminating her pregnancy in Kentucky.
“I have decided that ending my pregnancy is the best decision for me and my family,” said Poe in a Nov. 12 statement. “I feel overwhelmed and frustrated that I cannot access abortion care here in my own state, and I have started the difficult process of arranging to get care in another state where it’s legal … I am bringing this case to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the health care they need in our community.”
Poe’s lawsuit, in addition to challenging Kentucky’s six-week and total abortion bans under constitutional rights to privacy and self-determination, requests the court to certify a class of all pregnant Kentuckians who seek access to abortion in the commonwealth.
On Monday, Jefferson Circuit Court Judge Tracey Davis scheduled an evidentiary hearing on the class action claims for Friday, Jan. 3, 2025. She also granted Poe’s request to remain anonymous as the case moves forward.
Kentucky Right to Life released a statement after learning of the abortion, saying “Baby Poe’s life represents the countless unborn children in Kentucky whose lives hang in the balance. … Your life mattered, and we will honor your short life by continuing the fight to protect and cherish every precious child.”
Poe is represented by attorneys from the American Civil Liberties Union, the ACLU of Kentucky and Kaplan, Johnson, Abate & Bird, LLP. Defendants in the case include Attorney General Russell Coleman and Eric Friedlander, secretary of the Cabinet for Health and Family Services, among others.
By Tom Latek, Kentucky Today
