How a pro-life law in Kentucky lets mothers get away with murder

Melinda Spencer allegedly took abortion pills, ended the life of her unborn son, and buried his remains in a shallow grave in her backyard.

Yet a law in Kentucky exempting women from prosecution after obtaining an abortion — a law supported by the most influential pro-life organization in the state — appears to have prevented prosecutors from holding Spencer accountable for murder.

If a state refuses to make murder illegal for everyone, then some human beings will remain unprotected by design.

According to court documents cited by local media, Spencer, 35, told Kentucky State Police that the child “was not her boyfriend’s, and she did not want him to find out she was pregnant with another man’s baby.”

To conceal the pregnancy, Spencer allegedly ordered abortion pills online, intending to end the life of her unborn child without medical supervision.

Police say Spencer took the pills the day after Christmas, placed her deceased son in a light bulb box, and buried him in a shallow grave in her backyard. An autopsy determined the child was around 20 weeks’ gestation at the time of his death.

Initially Spencer was charged with first-degree fetal homicide, abuse of a corpse, concealing the birth of an infant, and tampering with physical evidence.

This week, however, Kentucky prosecutors dropped the homicide charge — not because they doubt that Spencer intentionally caused the death of her unborn child but because Kentucky law explicitly prohibits prosecuting a pregnant woman who murders her own unborn child.

Miranda King, the prosecutor overseeing the case, acknowledged this limitation directly. In a public statement, she explained that the relevant statute “prohibits the prosecution of a pregnant woman who caused the death of her unborn child.” Spencer still faces the remaining, lesser charges.

King made clear that this frustrating outcome was not her preference.

“I sought this job with the intention of being a pro-life prosecutor but must do so within the boundaries allowed by the Kentucky state law I’m sworn to defend,” she said. “I will prosecute the remaining lawful charges fully and fairly.”

Kentucky is widely regarded as a conservative state with strong pro-life laws. Many Americans assume abortion was effectively banned there after the Supreme Court overturned Roe v. Wade in 2022. This case exposes how incomplete that assumption is.

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Kentucky’s leading pro-life advocacy organization, Kentucky Right to Life, has long supported laws that shield women from criminal liability for abortion. In practice, this ensures that abortion remains legal for women, even if clinics are closed.

In 2021, Kentucky Right to Life joined more than 70 other pro-life organizations in signing a national letter declaring opposition to “any measure seeking to criminalize or punish women” who obtain abortions.

Since then, the organization has opposed multiple abolition bills that would have established equal protection under the law for unborn children — specifically because such legislation would allow for the prosecution of mothers who willfully procure abortions.

Addia Wuchner, Kentucky Right to Life’s executive director, opposed an abolition bill in 2023 on the grounds that it might expose mothers to criminal charges. She took the same position last year, arguing that women are victims of coercion by the abortion industry.

That framing has deadly consequences.

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Following Spencer’s arrest, Wuchner publicly expressed sympathy for the accused, describing Spencer as likely being “on her own” and calling that “probably the greatest tragedy,” before adding that “of course … a child’s life was lost.”

The ordering is revealing. The alleged murder of a child was treated as secondary to the emotional state of the alleged murderer. Empathy displaced justice and accountability.

There are cases in which women are coerced into abortions under genuine duress. But coercion cannot be presumed as a universal explanation. By all available evidence, Spencer appears to have acted deliberately. Kentucky law nevertheless forecloses full accountability — and ensures that the central act in this case cannot be adjudicated as homicide.

Since the Supreme Court overturned Roe, states like Kentucky have continued to see record abortion levels, largely through self-managed chemical abortions ordered online. Laws that categorically exempt women from prosecution guarantee this outcome.

If a state refuses to make murder illegal for everyone, then some human beings will remain unprotected by design. And when that exemption applies even in cases involving concealment, burial, and admitted intent, justice becomes impossible by statute.

So long as that remains the case, women who willfully kill their unborn children in Kentucky will continue to get away with murder.