Planned Parenthood lawsuit dismissed by Kentucky judge

A judge has dismissed a lawsuit filed by Kentucky Gov. Matt Bevin against Planned Parenthood of Indiana and Kentucky in February for allegedly performing abortions without license.

Judge Mitch Perry dismissed the lawsuit on Friday, July 1, saying the organization followed state officials' instructions and requirements.

"Based simply on a change in Cabinet personnel, it defies reason that an abortion facility which opened based on the approval of the (Office of Inspector General of the Cabinet for Health and Family Services) may be then said to have willfully violated the law by the same Cabinet," Perry said.

State law requires termination facilities to obtain proper license. However, a Planned Parenthood clinic in Louisville had performed 23 abortions from December 2015 to January 2016 without permit.

In defense of its activities, Planned Parenthood said the abortions were done without a license because they had been informed by former governor Steve Beshear that the administration had to conduct an unannounced inspection first before they could get a license.

In order for the unannounced inspection to proceed, Planned Parenthood said they needed to continue operations as usual.

Bevin, who publicly acknowledged that he is against abortion, said he permits it because state law allows abortions as long as they are licensed. He said Planned Parenthood must also abide by the law.

"Although I am an unapologetically pro-life individual, I recognize and accept that there are some laws on the books that I do not necessarily agree with," he said in a statement. "[M]y job is to ensure that they are followed regardless of my personal opinion."

However, the organization's attorney, Thomas Clay, said Planned Parenthood was cooperating with authorities to obtain the license, but there was an inconsistency in the procedure.

"I don't know how the Bevin administration proposes to resolve this apparent inconsistency in the law that you have to have an unannounced inspection before you can have a license," Clay told WDRB.

Clay also said the organization had a defacto license from the inspector general under Beshear, Maryellen Mynear.

Bevin's lawsuit said the organization was informed that it could perform abortions without license just one day before the term of Mynear ended.

Bevin said such provision was not in the law and that Mynear also had no authority to impose it.