The judge hearing EMW's case issued a temporary restraining order earlier this year to prevent the shutdown of the clinic in Louisville, citing the likelihood of the establishment's success in the lawsuit.
Steve Pitt, attorney for the state, told the court Wednesday that the state is trying to protect women's health by enforcing the law, which has been in place for almost 20 years, the AP reports. A later Supreme Court Case, Planned Parenthood v. Casey, adds that states can not place an "undue burden" on a woman seeking an abortion.
The licensing fight, which began in a Louisville federal courtroom Wednesday, revolves around a state law requiring that EMW Women's Surgical Center have agreements with a hospital and an ambulance service in the event of medical emergencies involving patients.
"The governor and the secretary of the cabinet are attempting to enforce the law that requires, for the safety of women, for abortion clinics and other clinics to have transfer agreements with hospitals, as well as recognized every state in this area, most states in the union have those statutes", Pitt said. Bevin is an openly and proud Christian, and there's nothing wrong with that, but failing to uphold one our nation's founding principles of separation of church and state is unacceptable. "If this law is not struck down, access to safe, legal abortion for women in Kentucky will be virtually eliminated", McDonald-Mosley said.
In a three-day trial, the state will argue before a U.S. District judge in Louisville that EMW Women's Surgical Center does not have proper state-required agreements with a hospital and an ambulance service in case of medical emergencies.
The EMW clinic has been on the defensive since Bevin's election in 2015. Critics said the changes were meant to make it harder to get a state license for abortions.
At the heart of the case, however, isn't just the question of whether the clinic met the state's standards.
A reason, but more importantly, the group said, a right. The law says she can avert her eyes. Planned Parenthood argues that Bevin's administration has used the transfer agreements to block its requests for a license to provide abortions in Louisville.
"We're going to keep on regardless of how the court rules", protester Leah Hankins said. Marshall said. "Or will Kentucky be the harbinger of a future where the right to abortion only exists if you live in the right zip code?"