In Sobel v. Coleman, (KY App., July 11, 2025), a Kentucky state appeals court partially reversed a trial court's decision and held that one of the plaintiffs challenging Kentucky's abortion ban has standing to pursue her claim that the law violates her rights under Kentucky's Religious Freedom Restoration Act. The court said in part:
The primary argument of this case revolves around the embryos created with IVF. During IVF, multiple eggs of a woman are fertilized. This can lead to excess embryos that are not implanted in the woman. These extra embryos are either frozen and stored, disposed of, or donated. Appellants claim that the destruction of any unviable or unused embryos could lead to criminal charges relating to the death of an unborn child....
Appellants ... claim that their Jewish faith requires them to increase their family and multiply. They argue that restricting their access to IVF due to the unclear notion of unborn child and unborn human being violates their religion. They also claim that their faith prioritizes the life of a mother over the life of a fetus; therefore, restrictions on abortion violate their faith. Further, they claim that their faith does not support the idea that life begins at conception, rather that a fetus becomes a child only once it exits the mother’s body. They claim that the laws in Kentucky surrounding abortion are Christian in nature and do not take into consideration their faith....
Ms. Kalb has taken active steps to get pregnant. She has nine embryos in frozen storage ready for her use and she scheduled, but ultimately canceled, an embryo implantation in 2022. Ms. Kalb’s actions show imminence in a potential injury sufficient to satisfy standing for her religious-based claims.
The Forward reports on the decision.