Last-minute petition halts Indiana’s abortion ban

 

SOUTH BEND, Ind.-- Indiana’s near-total abortion ban was supposed to go into effect as early as Tuesday, August 1, but another court petition continues to stall the legislation.  

A last-minute petition for a rehearing to the Indiana Supreme Court— from the American Civil Liberties Union (ACLU) of Indiana-- stopped the ban from going into effect.  

ACLU of Indiana Staff Attorney, Stevie Pactor said some language in the abortion ban, called Senate Bill 1 (SB1), is far too restrictive when it comes to exceptions to the ban.  

“We believe that the facts will demonstrate that the health exception is far too narrow, and that there are many circumstances where abortion would be required, medically, but are not covered by that very narrow exception,” she said.

“I think it’s not at all hyperbolic to say women will die if SB1 goes into effect. Unfortunately, we’ve seen these really dangerous situations play out in lots of other states where bans similar to SB1 have taken effect,” Pactor continued.  

As state supreme court justices consider the petition, they cannot certify the June court ruling that finds the abortion ban constitutional, so in the meantime, the injunction blocking the ban from taking effect must stay in place.  

The delay is a blow to pro-life groups in Michiana, like Voices for Life.  

“We were looking forward to an Indiana where human life was more protected, but unfortunately, we wake up to more stall tactics from the ACLU,” said Voices for Life Executive Director, Melanie Lyon. “...a lot of time and taxpayer money wasted, and the loss of a lot of human life because the abortion ban went into effect in September, but then was suspended, so we’re almost on a year.”

SB1 would prohibit clinics like Planned Parenthood from performing abortions; hospitals can still perform them in cases of rape, incest or threat to a woman's health.

So, amid all the legal uncertainty, the group represented by the ACLU, planned parenthood, is moving forward with halting all abortion care.

“They can no longer provide abortion services until at least there’s more clarity,” Pactor said.    

But leaders promise to continue fighting the ban.  

“We will be courageous in the courts, and in our clinics. We will turn up the volume, making sure everyone has access to medically accurate information about how to get abortion care in other states,” said Rebecca Gibron, Planned Parenthood CEO for the region that includes Indiana.  

 It is unclear at this time how long this delay to the abortion ban will last, but a response is expected in the next couple weeks from Attorney General Todd Rokita.  

There is still another ACLU lawsuit, challenging the abortion ban on the premise that it violates the Religious Freedom Restoration Act. That legal challenge is still making its way through the courts.