Indiana’s extremely restrictive abortion ban is on hold — for now
Planned Parenthood has vowed to be ‘courageous in the courts, and in our clinics.’
On Tuesday, Planned Parenthood of Indiana announced that it had stopped providing abortion services in the state in advance of a sweeping ban that was scheduled to take effect Aug. 1. But the American Civil Liberties Union of Indiana is arguing that the ban is still on hold as the state Supreme Court considers its petition to rehear the case.
Senate Bill 1 was passed by the Indiana Senate and House and would ban all abortions except when necessary to save the life of a pregnant person, when a fetus has a fatal fetal anomaly, or in cases of rape or incest.
However, the law, which would make abortion illegal at any point in pregnancy, was temporarily blocked after the ACLU of Indiana filed a petition for rehearing late Monday.
The petition asks for a hold on the abortion ban while the court considers a challenge to the law on the grounds that the decision would “prevent profound and potentially irreversible damage to patients who will suffer ‘a serious health risk’ absent an abortion.”
Additionally, the state Supreme Court has yet to certify its decision on June 30 to uphold the law; until it does, an injunction blocking it remains in place, according to reporting from the Indiana Capital Chronicle, allowing abortion care to be offered in the state up to 20 weeks of pregnancy.
The law remains blocked while the court considers the ACLU’s petition to rehear the case, which could take days or weeks to resolve.
“From a legal perspective, we’re still in limbo, just waiting for the case to be sent back and for some clarity,” Gavin Rose, a senior attorney with the ACLU of Indiana, told the Indiana Capital Chronicle.
In August 2022, just a month after the U.S. Supreme Court’s decision that reversed Roe v. Wade and ended the constitutional right to an abortion, Indiana Gov. Eric Holcomb signed legislation banning abortion in the state and criminalizing physicians for performing the procedure. In that same month, a lawsuit against the ban was brought by the ACLU on behalf of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, and Kentucky, along with other plaintiffs, arguing that the law conflicted with the state Constitution.
On Sept. 8, 2022, the ACLU filed another suit, this time on behalf of Hoosier Jews for Choice and five individuals, arguing that the law violated their religious freedom. A hearing on the case has been scheduled for Dec. 6 by the Indiana Court of Appeals.
On Tuesday, Rebecca Gibron, the CEO of Planned Parenthood Great Northwest, Hawaiʻi, Alaska, Indiana, and Kentucky, said it was a “dark day for millions of Hoosiers.” Although Planned Parenthood clinics in Indiana will not be providing abortion care in its centers, according to a statement posted to the organization’s website, they will continue offering pre-and post-abortion care, sexually transmitted infection and cancer screenings, gender-affirming care for adults over 18, wellness visits, and support for Indiana residents leaving the state in search of legal abortion care.
“We are here today to assure all Hoosiers — whether you’re white, Black, brown, or Indigenous — whether you’re straight, gay, or trans — whether you have health insurance or you’re uninsured — Planned Parenthood will never back down, not now, not ever, from providing you the care you need,” Gibron said in the statement. “We will be courageous in the courts, and in our clinics.”
Published with permission of The American Independent Foundation.
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