Pregnant Woman in Kentucky Sues Over Abortion Bans

A pregnant woman in Kentucky who's suing over the state's two abortion near-total bans has learned that her embryo no longer has a heartbeat, her lawyers said Tuesday.

The unidentified woman was about eight weeks pregnant when she filed the lawsuit in a state court in Louisville on Friday, saying in a press release that she was pregnant and did "not want to be."

"This is my decision—not the government's or any other person's. I am bringing this lawsuit because I firmly believe that everyone should have the ability to make their own decisions about their pregnancies," she said.

Attorneys for the pregnant woman, who's identified as Jane Doe in the suit to protect her privacy, did not say what effect the health news would have on the case.

"Kentuckians like Jane should be able to focus solely on their health and should not have to worry about bringing a lawsuit," Brigitte Amiri, deputy director at ACLU's Reproductive Freedom project representing Jane Doe, said in a press release following the health news. "But the Kentucky Supreme Court previously held that health care providers could not raise the constitutional rights of their patients."

A lawsuit has been filed in Kentucky challenging the state's near-total ban on abortions. The ban includes a "trigger law" that prohibits almost all abortions, except when the mother's health is at risk, and a separate ban on abortions after six weeks of pregnancy. The plaintiff in the case has been pregnant for more than six weeks. Both of these laws were passed by Republican legislative majorities in 2019 and took effect when Roe v. Wade was overturned in 2022. This case comes as Texas is also dealing with a similar abortion case, where a woman was denied a legal medical exemption for an abortion. The plaintiff in the Kentucky case is seeking class-action status to include other Kentucky residents who are pregnant and seeking abortions. The ACLU is also seeking additional plaintiffs to join the suit.

The lawsuit argues that women like Jane Doe are being denied the ability to obtain an abortion, causing them medical, constitutional, and irreparable harm. It highlights the physical and health challenges women face during pregnancy and the "life-altering" consequences they may experience due to unexpected pregnancy and childbirth when they are unable to access abortions in Kentucky.

"These consequences can be particularly acute for patients who are pregnant as a result of rape, experiencing domestic violence, or facing fetal diagnoses incompatible with sustained life after birth," the suit says.

The lawsuit names Kentucky Attorney General Daniel Cameron, as well as Eric Friedlander, secretary of Kentucky's Cabinet for Health and Family Services. CBS News has reached out to Cameron and Friedlander's offices for comment.