Louisville's Planned Parenthood free to seek abortion license, Beshear administration says

Planned Parenthood is free to apply for a license to provide abortions at its clinic in downtown Louisville, according to a top official with the administration of Gov. Andy Beshear, a Democrat and abortion rights supporter who took office last month.

The decision comes after a four-year battle between the reproductive health organization and former Gov. Matt Bevin, an anti-abortion Republican whose administration had denied Planned Parenthood the license and accused it in a lawsuit of providing illegal abortions.

But in a Jan. 3 letter to Planned Parenthood of Indiana and Kentucky, which operates the clinic, Eric Friedlander, acting secretary of the Cabinet for Health and Family Services, said the organization has not committed any violations and may reapply for a license.

"By rescinding the improper decision by the previous administration, we are now following the established processes required to reapply for a license," Friedlander said in a statement. "This administration will follow the state laws and statutes related to licensing of these facilities."

A lawyer for Planned Parenthood said it will reapply for the license.

Also, Friedlander's agency on Tuesday dropped the lawsuit the Bevin administration had filed accusing Planned Parenthood of failing to comply with state law in its previous license application. Lawyers for the Beshear administration and Planned Parenthood signed an agreement to dismiss the case pending in Jefferson Circuit Court, saying there was no failure to comply with the law.

Earlier: Bevin administration denies Planned Parenthood abortion license

If successful in obtaining the license, Planned Parenthood would become the second clinic to offer abortions in Kentucky. EMW Women's Surgical Center in Louisville is the only clinic in the state where women can obtain the procedure.

The move is likely to please abortion rights supporters, who last week held a news conference at the state Capitol to announce they will continue to fight legislation meant to restrict or eliminate access to abortion in Kentucky. Lawmakers passed four such bills in 2019, though two have been delayed by court challenges, and more have been filed this year.

But it is sure to infuriate the anti-abortion movement in Kentucky, which, backed by the Republican majority in the House and Senate, has pushed through a number of bills to curb or ban abortion in the state. Attorney General Daniel Cameron and legislative leaders are among Republicans scheduled to speak Wednesday at the annual Kentucky Right to Life rally at noon at the Capitol, in part to promote pending bills.

Anti-abortion bills filed this year include House Bill 67, to amend the state constitution to specify it includes no protection for abortion rights; House Bill 142, to ban public money for any agency that performs or counsels patients about abortion; and Senate Bill 9, which would mandate appropriate care for an infant born alive.

Planned Parenthood officials praised the state's decision Tuesday.

"Gov. Beshear’s administration recognized that our license had been wrongfully denied and that the previous administration didn’t follow the proper process," said Hannah Brass Greer, Planned Parenthood of Indiana and Kentucky's chief legal counsel. "All people in Kentucky deserve to make their own pregnancy decisions and deserve to have access to safe and legal abortion care."

Related coverage: Supreme Court refuses to hear Kentucky ultrasound case

However, Margie Montgomery, executive director of Kentucky Right to Life, said she doesn't agree that Planned Parenthood should be allowed to proceed with the license.

But she declined to comment further, saying she would need to learn more about the state's decision and what Planned Parenthood's license application contains.

Planned Parenthood had opened a new, larger clinic in Louisville in 2015 and had applied to the previous administration of Gov. Steve Beshear, also a Democrat, to provide abortions at the site. But the application was still pending when Bevin took office.

Bevin's administration delayed action and eventually denied the license application last year.

The Bevin administration also tried to revoke the license of EMW, which would have made Kentucky the only state without an abortion clinic. But the move was blocked by a federal judge.

The Planned Parenthood dispute has been the source of protracted legal battles in both federal and state court.

The Bevin administration sued Planned Parenthood in state court in 2016, accusing it of providing 23 illegal abortions in December 2015 and January 2016. Planned Parenthood denied that, saying it was acting on instructions of the administration of Steve Beshear, who advised it to begin offering the procedure in order to be inspected for final action on the license.

Friedlander, in his Jan. 3 letter, said Planned Parenthood at the time had acted properly and did not violate the law.

"If your facility wishes to provide abortion services in the commonwealth, your facility is instructed to apply for licensure," the letter said.

Previously: Planned Parenthood wants Bevin held in contempt over abortion license

Reach Deborah Yetter at dyetter@courier-journal.com or 502-582-4228. Find her on Twitter at @d_yetter. Support strong local journalism by subscribing today: courier-journal.com/subscribe.