# 2022 Kentucky Amendment 2

"none" is preferred when the title is already sufficiently detailed; see [[WP:SDNONE]]
Elections in Kentucky :
Federal government
Presidential elections
1792
1796
1800
1804
1808
1812
1816
1820
1824
1828
1832
1836
1840
1844
1848
1852
1856
1860
1864
1868
1872
1876
1880
1884
1888
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
2004
2008
2012
2016
2020
2024
Presidential primaries
Democratic
2000
2004
2008
2012
2016
2020
2024
Republican
2004
2008
2012
2016
2020
2024
U.S. Senate elections
1792
1793
1794
1798
1800
1804
1805 sp
1806
1806 sp
1811
1813
1814 sp
1815 sp
1816
1816 sp
1818
1819 sp
1820 sp
1823
1824 sp
1829
1831 sp
1835
1836
1841
1842
1842 sp
1843
1848
1849
1849 sp
1851
1851 sp
1854
1858
1859
1861 sp
1865
1867
1868 sp
1871
1872
1873 sp
1876
1879
1882
1884
1888
1890
1890 sp
1893 sp
1894
1897
1900
1902
1906
1908
1912
1914
1914 sp
1918
1920
1924
1926
1930
1930 sp
1932
1936
1938
1940 sp
1942
1944
1946 sp
1948
1950
1950 sp
1952 sp
1954
1956
1956 sp
1960
1962
1966
1968
1972
1974
1978
1980
1984
1986
1990
1992
1996
1998
2002
2004
2008
2010
2014
2016
2020
2022
2026
2028
U.S. House of Representatives elections
1792
1793
1795
1797
1799
1801
1803
1804
1806
1808
1810
5th sp
1812
1813
8th sp
1814
2nd sp
1815
2nd sp
1816
1st sp
1818
1820
1821
8th sp
1822
1824
1825
3rd sp
1826
5th sp
12th sp
1827
11th sp
1828
2nd sp
1829
1831
1833
1834
5th sp
1835
1837
1839
1841
1843
1845
1847
1849
1851
1853
1854
3rd sp
1855
1857
1859
1861
1862
2nd sp
1863
1865
1866
3rd sp
5th sp
6th sp
1867
3rd sp
1868
1870
3rd sp
1872
1874
1876
1878
1880
1882
1884
1886
1888
1890
6th sp
1892
1894
9th sp
10th sp
1896
1898
1899
7th sp
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1923
7th sp
1924
9th sp
1925
3rd sp
1926
1928
1929
3rd sp
1930
2nd sp
1932
1934
1935
4th sp
1936
1937
2nd sp
1938
1940
1942
1943
4th sp
1944
1946
1948
2nd sp
9th sp
1950
1951
6th sp
1952
2nd sp
1953
2nd sp
1954
1956
1958
1960
1962
1964
1966
1968
1970
1971
6th sp
1972
1974
1976
1978
1980
1982
1984
1986
1988
1990
1992
1994
2nd sp
1996
1998
2000
2002
2004
6th sp
2006
2008
2010
2012
4th sp
2014
2016
1st sp
2018
2020
2022
2024 :
State government
State elections
2007
2008
2010
2011
2012
2014
2015
2016
2018
2019
2020
2022
2023
2024
Gubernatorial elections
1792
1796
1800
1804
1808
1812
1816
1820
1824
1828
1832
1836
1840
1844
1848
1851
1855
1859
1863
1867
1868 sp
1871
1875
1879
1883
1887
1891
1895
1899
1900 sp
1903
1907
1911
1915
1919
1923
1927
1931
1935
1939
1943
1947
1951
1955
1959
1963
1967
1971
1975
1979
1983
1987
1991
1995
1999
2003
2007
2011
2015
2019
2023
2027
Secretary of State elections
2007
2011
2015
2019
2023
Attorney General elections
2007
2011
2015
2019
2023
State Treasurer elections
2007
2011
2015
2019
2023
State Auditor elections
2007
2011
2015
2019
2023
Agriculture Commissioner elections
2007
2011
2015
2019
2023
Senate elections
1996
1998
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
2024
Special
House of Representatives elections
1996
1998
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
2024
Special
Supreme Court elections
2008
2010
2012
2014
2015 sp
2016
2018
2019 sp
2020
2022
2024 :
Ballot measures
2004Amendment 1
2022Amendment 2
2024Amendment 2 :
Lexington
Mayoral elections
2006
2010
2014
2018
2022 :
Louisville
Mayoral elections
2006
2010
2014
2018
2022 :
Government :
vte :
Kentucky Amendment 2 was a rejected legislatively referred constitutional amendment to the Kentucky Constitution, which was voted on as part of the 2022 elections. If enacted, the amendment would have declared that nothing in the Kentucky Constitution could be construed to protect a right to an abortion or public funding of an abortion.
Kentucky was one of six states to vote on an abortion-related referendum as part of the 2022 elections, alongside California, Michigan, Montana, Kansas, and Vermont. This was in the immediate aftermath of the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which held that the United States Constitution did not confer a right to an abortion, allowing individual states to permit, regulate, or prohibit abortion. In 2022, Kentucky was the only one of these states with both an active abortion ban and an active abortion referendum. Following the results of the referendum, Kentucky's abortion ban was contested by abortion providers to the Kentucky Supreme Court, which in February 2023 ruled that the providers lacked standing to challenge the state's abortion ban. As of 2024, abortions remain illegal in Kentucky.

## Background

Following the U.S. Supreme Court's decision in Dobbs, a trigger law went into effect banning any abortions in Kentucky unless necessary to prevent death or physical impairment of a pregnant woman. This ban was temporarily blocked by a court on June 30, 2022, then re-instated by a higher court on August 1, 2022.
The amendment was introduced in the Kentucky Legislature in March 2021 as HB 91. It was supported by Kentucky Right to Life and opposed by the ACLU of Kentucky. Supporters of the amendment organized as the group Yes for Life, while opponents of the amendment organized as the group Protect Kentucky Access.

## Legislative history

Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum; they can not be vetoed by the governor. The amendment was first introduced on January 5 in the 2021 General Assembly as House Bill 91 by representative Joseph Fischer. The bill subsequently passed both houses.

### House vote

The bill was initially passed by the house on February 25 by a 76–20 vote. Representatives Tom Burch and Reginald Meeks, who did not vote, later modified their votes to nay.
House of Representatives vote :
| Party | Party | Votes for | Votes against | Not voting |
| | Democratic (25) | 2 Angie HattonAshley Tackett Laferty | 20 | 3 |
| | Republican (75) | 74 | – | 1 |
| Total (100) | Total (100) | 76 | 20 | 4 |

### Senate vote

The bill was approved by the senate on March 30 by a 32–6 vote.
Senate vote :
| Party | Party | Votes for | Votes against |
| | Democratic (8) | 2 Dennis ParrettRobin L. Webb | 6 |
| | Republican (30) | 30 | – |
| Total (38) | Total (38) | 32 | 6 |

## Arguments

Supporters of the "Yes" campaign claimed that the amendment was a safeguard against judicial activism and a potential state-level Roe v. Wade decision by the Kentucky Supreme Court. They argued that late-term abortion and public funding for abortion would become common in Kentucky were the amendment to fail.
Supporters of the "No" campaign claimed that abortion would become permanently banned in Kentucky were the amendment to succeed, and that exceptions for rape and incest could never become law under the proposed amendment.

## Results

No Right to Abortion in Constitution Amendment :
| Choice | Votes | % |
| No | 742,232 | 52.35 |
| Yes | 675,634 | 47.65 |
| Total votes | 1,417,866 | 100.00 |
| Source: Secretary of State of Kentucky |||

### By congressional district

"No" won 3 of 6 congressional districts, including two that elected Republicans.
| District | No | Yes | Representative |
| 1 | 42.7% | 57.3% | ▌James Comer (R) |
| 2 | 47.4% | 52.6% | ▌Brett Guthrie (R) |
| 3 | 72.3% | 27.7% | ▌John Yarmuth (D - 117th Congress) |
| 3 | 72.3% | 27.7% | ▌Morgan McGarvey (D - 118th Congress) |
| 4 | 51.5% | 48.5% | ▌Thomas Massie (R) |
| 5 | 36.3% | 63.7% | ▌Hal Rogers (R) |
| 6 | 60.4% | 39.6% | ▌Andy Barr (R) |

## Aftermath

The uniform results in Kentucky, Montana, California, Vermont, and Michigan abortion referendums were seen as a victory for the pro-choice movement, and were praised by pro-choice organizations and activists. Anti-abortion organizations such as Susan B. Anthony Pro-Life America attributed their losses to misinformation and large amounts of outside spending from the pro-choice side.
State attorney general Daniel Cameron stated that the failure of the amendment should have no impact on whether the Kentucky Constitution contains the right to an abortion.
On February 16, 2023, the Kentucky Supreme Court ruled that abortion providers lacked standing to challenge the state's abortion ban, but did not elaborate on whether or not the Kentucky Constitution secured abortion rights.