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Adding exceptions to abortion bans isn't as straightforward as it might seem, Kentucky advocate says

Hadley Duvall speaks at a news conference on Tuesday, Jan. 9, 2024, at the Kentucky Capitol in Frankfort, Ky. Duvall endorses legislation in Kentucky that would allow abortions when pregnancies are caused by rape or incest, or when pregnancies are deemed nonviable or medical emergencies threaten the mother. Duvall appeared in a powerful campaign ad last year in which she revealed the trauma of being raped and impregnated. (AP Photo/Bruce Schreiner)
Bruce Schreiner/AP
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AP
Hadley Duvall speaks at a news conference on Tuesday, Jan. 9, 2024, at the Kentucky Capitol in Frankfort, Ky. Duvall endorses legislation in Kentucky that would allow abortions when pregnancies are caused by rape or incest, or when pregnancies are deemed nonviable or medical emergencies threaten the mother. Duvall appeared in a powerful campaign ad last year in which she revealed the trauma of being raped and impregnated. (AP Photo/Bruce Schreiner)

While abortion rights advocates are applauding proposed legislation that would introduce exceptions for rape and incest into Kentucky's abortion laws, some activists warn the step isn't always as effective as proponents hope.

The recently-filed Senate Bill 99 would introduce narrowly-tailored exceptions for rape and incest, or when there is a lethal fetal anomaly or the fetus is incompatible with sustained life outside the womb.

Tamarra Wieder with Planned Parenthood favors the change, but says she's skeptical the bill will make it to the governor's desk. She also says bills adding exceptions to already strict abortion laws often don't work as intended — especially if providers remain concerned about stepping over lines drawn in the law.

"There is a chilling precedent across the state that hospital systems and lawyers are afraid to put their providers at risk," she says. "Providers are afraid. There are felonies that are in place, the loss of licensure, and unfortunately my fear is that even with the passage of SB 99 we won't see exceptions come into play."

Gov. Andy Beshear, who has regularly described the state's abortion laws as "extreme," says he would sign SB 99 immediately if it clears the GOP-led General Assembly.

Republican leaders have said discussions about adding exceptions are underway, but they aren't yet providing any specifics.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.