LOUISVILLE — Kentucky's contested abortion law, which requires that a woman read certain materials about fetal development and wait 24 hours before getting an abortion, got an OK Thursday from a federal judge.

        U.S. District Judge John G. Heyburn said the “informed consent” law should be put into effect, because it does not place an undue burden on a woman's right to have an abortion.

        The ruling — in the case argued for the commonwealth by several Northern Kentucky lawyers — came several months after Judge Heyburn presided over a bench trial in the case.

        The American Civil Liberties Union, which challenged the law passed in Kentucky about two years ago and in place in about 10 other states, is expected to appeal. ACLU officials were unavailable for comment Thursday.

        The Northern Kentucky lawyers who represented the commonwealth in the six-day bench trial hailed Judge Heyburn's decision.

        “This is a landmark decision, and it is a huge victory for the women of Kentucky,” said Rick Meyer, of the Deters, Benzinger & La Velle law firm in Crestview Hills. “The court has upheld a law that will make sure that women have all the facts before they proceed with an abortion.”

        The law has not yet gone into effect, even though the General Assembly passed it in 1998 over a veto by Gov. Paul Patton. Northern Kentucky legislators were strong supporters.

        The measure requires doctors to provide pamphlets detailing fetal development, adoption and child development. Doctors also are to inform women seeking abortions about the development of the fetus and about the risks they may face from an abortion versus carrying the fetus to term.

        Women must wait 24 hours before following through with their abortion plans.

        “We're elated by the decision,” said Mark Guilfoyle, another attorney who represented the state.

        “It was a lengthy, hard-fought process. The judge paid careful attention to our arguments. It's very gratifying that he has upheld this law.”

        In its lawsuit, ACLU attorneys said women should not have to make two visits to a clinic before getting an abortion. Also, the state should not force physicians to pay for written materials that promote the state's anti-abortion message, it said.

        The civil liberties group also contended that the law's requirements — specifically, the two-visit mandate — are unfair to low-income and young women, women in abusive relationships and women who live far from Louisville and Lexington, where all of Kentucky's abortions are performed.

        Michael Janocik, associate director of the Kentucky Right to Life Association, doesn't expect the ACLU to surrender its fight any time soon.

        But, “we're elated,” he said. “It is a common-sense law that seeks to protect the health and well-being of women by providing them with factual information regarding the health risks of abortion, fetal development and positive alternatives.

        “Kentucky Right to Life Association is confident that when women are provided with truth about abortion, they will choose alternatives that are compatible with their dignity as women and that also respect the dignity of children growing in the womb.”

        Ohio, Wisconsin and Pennsylvania are among the other states with similar “informed consent” laws.

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