The Indiana General Assembly’s summer session that resulted in a near-total abortion ban drew days of protests around the state capitol.
By Kyra Howard, TheStatehouseFile.com.
INDIANAPOLIS—On Thursday, Owen County Circuit Court Judge Kelsey Hanlon granted a preliminary injunction blocking Indiana’s new abortion ban, a decision Attorney General Todd Rokita said he will appeal.
The request for the injunction was filed by Planned Parenthood and the American Civil Liberties Union of Indiana Aug. 30 in the Monroe County Circuit Court, claiming Senate Enrolled Act 1 violates the right to privacy and equal privileges protections in the Indiana Constitution. It was one of two lawsuits to be filed in Indiana.
“The public will continue to be subject to the previous abortion regulation regime that was significantly influenced by the United States Supreme Court juris prudence that identified and expressly reaffirmed privacy right that included abortion for nearly 50 years,” Hanlon wrote in the order. Indiana’s at least temporarily restored abortion law allows for abortions up to 20 weeks.
The judge further states: “Because of these considerations, and the history of Indiana’s Constitution being interpreted to provide greater protection to individual citizens than its federal counterpart, there is a reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution and the Plaintiffs will prevail on the merits as to their claim that S.B. 1 violates Article I, Section 1 of the Indiana Constitution.”
The judge noted that there were 8,414 abortions in Indiana in 2021 and 8,218 of those would have been banned by SEA 1.
Prior to the ban, abortions were only available in a handful of Indiana counties, which is why only Hendricks, Lake, Marion, Monroe, St. Joseph, Tippecanoe and Warrick counties are mentioned in the injunction. With the ban now paused, the court will have more time to “address the issue on the merits,” according to the document.
The abortion ban was in effect just one week.
Attorney General Todd Rokita:
“We plan to appeal and continue to make the case for life in Indiana. Our office remains determined to fight for the lives of the unborn, and this law provides a reasonable way to begin doing that.”
Sen. Rodney Pol Jr., D-Chesterton:
“I’d like to thank the ACLU for their tireless efforts in bringing this suit forward and Judge Hanlon for taking the common sense step of granting a preliminary injunction. Judge Hanlon rightly notes that SB 1 ended 50 years of precedent and that it is in the public interest to block the new law to allow the court to address the issue on its merits. However, this may only be a temporary outcome, so I will continue to support efforts to restore a woman’s right to choose.”
Hannah Smith, spokeswoman for the Indiana House Democratic Caucus:
“The judge’s motion today temporarily restored dignity to Hoosier women. Indiana Republicans continue to waste Hoosier taxpayer dollars after a costly special session to ban abortion. The GOP’s endless crusade to disenfranchise women and girls of personal choice and autonomy has already cost our state countless dollars, and this lawsuit will surely add to the tab of hard-working folks. House Democrats will monitor the lawsuit as it moves through the judicial process.”
Lauren Ganapini, executive director for the Indiana Democratic Party:
“The Monroe County Circuit Court’s decision for a preliminary injunction on the abortion ban today underscores what we all know: Every Hoosier has a fundamental right to privacy. Only a woman and her doctor should make personal health care decisions, not politicians, and it’s reassuring to see the decision show Hoosiers that the Indiana Republican Party’s effort to ban a legal and safe abortion has crossed the line.
“But the loser today continues to be taxpayers who at minimum have spent $240,000 to carry out the GOP’s extremist agenda. Enough is enough: A vote for Democrats is a vote to repeal the dangerous abortion ban and we urge all Hoosiers to support pro-choice candidates up and down the ballot this November.”
Joint statement from leaders from Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, ACLU of Indiana, Whole Woman’s Health, All-Options, the Lawyering Project, and Women’s Med:
“We knew this ban would cause irreparable harm to Hoosiers, and in just a single week, it has done just that. We are grateful that the court granted much needed relief for patients, clients, and providers but this fight is far from over. Indiana lawmakers have made it abundantly clear that this harm, this cruelty, is exactly the reality they had in mind when they passed S.B. 1. There are 1.5 million people of reproductive age in the state of Indiana, and every single one of them deserve the right to make their own decisions about their bodies, families, and futures.”
Dr. Caitlin Bernard, Indianapolis OBGYN (via Twitter):
“The last week has been scary for me and for my patients. But today, the Indiana Courts agreed that we have the human right to receive safe, legal abortion care in our home state. I will continue to provide this compassionate care each and every day.”
Sen. Greg Taylor, D-Indianapolis, Senate minority leader (via Twitter):
“Great news Hoosiers: The abortion ban has been temporarily blocked by a judge. Women can once again access abortion care in Indiana until further order from the court. My caucus will continue to share updates as they come in!”
Erin Murphy, press secretary for Governor Eric J. Holcomb:
“Laws, especially ones that carry with them significant change in policy, are frequently challenged in court and SEA 1 is no different. Gov. Holcomb and his team will closely follow this court case as it unfolds.”
Rep. Ed DeLaney, D-Indianapolis:
“In barring the enforcement of Senate Bill 1, a near total ban on abortion, the Court looked to our State Constitution, the history of our state and the concept of liberty. Sadly, those concerns were largely ignored by the General Assembly in passing Senate Bill 1. We should join the court in seeking ‘greater protection of Hoosiers’ rights under the Indiana Constitution.’ The right to privacy and the right to plan your own family should be recognized as part of our liberty. I encourage my fellow legislators to follow the example set by the Court in weighing those issues when we meet again in January.”
