Indiana Court of Appeals upholds state's abortion ban

INDIANAPOLIS -- The Indiana Court of Appeals has upheld the state's abortion ban, ruling against abortion providers on whether Indiana's abortion law violates the state's constitution.




In a ruling that was issued on Monday, the Indiana court touched on important provisions related to the Hoosier state's near-total abortion ban, such as potential exemptions and where abortions could be performed. Current law allows abortions in rare circumstances, including when the health or life of the woman is at risk. However, they can only be performed at hospitals.

How did we get here?

In May 2024, Planned Parenthood and other abortion providers filed a lawsuit requesting that a Monroe County judge issue an injunction to broaden the scope of abortion access in the state to include medical exemptions and to block the hospital-only requirement.




The original language in the law stipulated that abortion is only permitted in rare circumstances, including if a woman's life is at greater risk to go ahead with the pregnancy. However, this exception only applied if this was at a hospital, meaning other abortion providers such as Planned Parenthood were still exempt.




The lawsuit was filed to overturn portions of Indiana's near-total abortion ban that was approved following the overturning of Roe v. Wade in June 2022. Indiana became one of the first states to implement stricter abortion bans after the controversial ruling removed federal abortion protections.




Indiana's abortion law only offered a few exceptions for those seeking an abortion in state lines; in certain cases of rape or incest, if the mother's life was in danger, or for fetal anomalies.




The plaintiffs in the case contended that the law's exceptions are vague and narrow, making it difficult for most doctors at hospitals to perform an abortion, even if the woman in question satisfied all of the required conditions as outlined in the statute.




The complaint also criticized the law's lack of accountability when it comes to considering health risks that may form after giving birth. The health and life exception allowed for an abortion to be legally performed up to 20 weeks into a pregnancy.




The medical care providers criticized the abortion ban, contending that there are numerous circumstances in which the life or health of a woman is at "serious risk by a pregnancy."

Abortion providers lose appeal

Judge Paul Mathias wrote in his Aug. 11 opinion that the state's abortion ban already contained exceptions for people having a constitutional right to have an abortion performed when their life or health is at risk, saying it does not violate the "life, liberty, and the pursuit of happiness" clause of the Indiana Constitution.




"We do not agree that the Hospital Requirement specifically, rather than the statutory ban itself, is to blame for the reduced access to abortion care in Indiana," the court said in its ruling. "And, the medical-care providers' assertions aside, the Hospital Requirement does not impair the constitutional right to an abortion. A woman in need of exercising her constitutional right to an abortion is, by definition."




Indiana Attorney General Todd Rokita also weighed in on the verdict, calling it a "resounding victory."




"This ruling is a resounding victory for life and the rule of law in Indiana," Rokita said. "Our unwavering commitment to protecting the most vulnerable and upholding our state's values will continue to guide this office. The overwhelming majority of Hoosiers stand with us in defending the sanctity of life and the health of women across our state." 




The state's abortion ban formally came into effect in 2022 after the Indiana Supreme Court ruled that the state's constitution does protect a woman's right to undergo an abortion if her life is endangered.




Senate Bill 1 on abortion passed in a 62 to 38 vote in the House and was then passed by the Senate in a 28 to 19 vote. The bill then went to Gov. Eric Holcomb's desk where he signed it into law.





via: https://fox59.com/news/indiana-court-of-appeals-upholds-states-abortion-ban/