Standing Up for Reproductive Rights: Sobel v. Cameron

Since October 2022, I have worked alongside attorney Aaron Kemper to represent three incredibly courageous women: Lisa Sobel, Jessica Kalb, and Sarah Baron. These plaintiffs are challenging Kentucky's restrictive abortion laws, laws that violate both their state constitutional rights and religious freedoms while threatening their ability to expand their families through IVF and other reproductive technologies.

This case, Sobel v. Cameron, stands at the intersection of reproductive rights, religious freedom, and the pursuit of justice for families navigating deeply personal medical decisions.

Sobel v. Cameron: The Case at a Glance

Our clients are fighting for their own futures and the rights of all Kentuckians affected by Kentucky’s vague, punitive, and unconstitutional laws. At the heart of the matter is the confusion surrounding Kentucky's current abortion legislation, which declares embryos as human beings under the law.

For families like those of our clients, this creates a chilling effect:

• The IVF Conundrum: Embryos that are not used in the IVF process could potentially expose parents and doctors to capital murder charges if they are disposed of.

• The Lack of Clarity: These laws make it impossible for families to proceed confidently with medical interventions, leaving them in legal limbo.

In June 2024, the court denied our case, stating our clients lacked standing because they were not pregnant and, therefore, could not demonstrate injury. We disagree vehemently. The fear of prosecution and the inability to make choices about their reproductive futures are very real injuries—ones that are already altering how these families live their lives.

A Judicial System Failing Women

One of the arguments I’m particularly proud of in this case underscores a recurring theme:

"In sum, the trial judge took a path similar to the attorney general, in which powerful men pick and choose what laws apply to women while ignoring the entire body of law that is inconsistent and contradictory with the law as they wish it to be."

Sobel v. Cameron isn’t just about reproductive rights; it’s about who gets to decide the scope of those rights and whether justice will reflect the lived realities of women and families.

The Bigger Picture

When we filed Sobel v. Cameron, skeptics dismissed our clients' injuries as exaggerated or imaginary. However, the evidence has proven otherwise: extremist factions in neighboring states are now laying the groundwork for prosecuting IVF patients and their doctors. They continue to lay out a blueprint that legislators in Kentucky seem to want to follow as the current laws are word for word, the same as in states like Alabama.

Moving Forward

This fight is far from over. We have appealed Judge Edwards's decision and are committed to holding Kentucky accountable for laws that harm families, violate religious freedoms, and deny fundamental human rights.

To Lisa, Jessica, and Sarah: your bravery inspires me daily. You’re not just standing up for yourselves but for countless others who might otherwise be silenced or ignored. Together, we will pursue justice until every avenue is exhausted.

Please reach out if restrictive reproductive laws impact you or if you want to learn more about this case. The fight for justice requires all of us to stand together.