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The
U.S. District Court Western District of Kentucky ruled that the
state law is unconstitutional because it violates the
free-speech rights of the patient and doctor, court documents
showed.
The law "does not advance a substantial governmental interest,
is not drawn to achieve the government’s interests, and prevents
no actual harm," U.S. District Judge David Hale wrote in his
ruling.
The ACLU filed the lawsuit against the state on behalf of EMW
Women's Surgical Center, which the complaint said is the state's
sole licensed abortion facility, days after the measure was
passed in January by Republican lawmakers in Kentucky.
"We are pleased that Kentucky women will no longer be subjected
to this demeaning and degrading invasion into their personal
health care decisions," said Alexa Kolbi-Molinas, an ACLU
attorney, in a statement.
The law requires a physician or qualified technician to perform
the ultrasound and position the screen so the woman may view the
images. The medical staff were required to describe what the
images show, including the size of the fetus and any organs or
appendages visible.
The law does not contain exceptions for women who are facing
medical complications or are victims of rape or incest.
The requirement violates the speech rights of doctors and
patients by forcing them to deliver and listen to a
government-mandated message, according to the lawsuit.
The law was part of a renewed effort by abortion opponents
nationwide to restrict the procedure.
Some 26 states have laws regarding ultrasounds and abortions,
according to the Guttmacher Institute, which tracks reproductive
policy.
(Reporting by Brendan O'Brien in Milwaukee, editing by Larry
King)
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