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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowEditor’s note: This article has been updated with comments from the Indiana Attorney General.
Declaring Indiana’s new abortion ban violates the state constitution’s right to privacy, the ACLU of Indiana along with Planned Parenthood Federation of America and other reproductive rights organizations have filed a lawsuit to block the new law from taking effect Sept. 15.
The complaint was filed Tuesday in Monroe Circuit Court against the members of the Medical Licensing Board of Indiana as well as the prosecutors in Hendricks, Lake, Marion, Monroe, St. Joseph, Tippecanoe and Warrick counties.
Plaintiffs claim Senate Enrolled Act 1, which was passed in early August during a special session of the Indiana General Assembly, will infringe on Hoosiers’ rights to privacy under the state’s constitution. Also, they assert the restrictions on abortion access will violate the Indiana Constitution’s guarantee of equal privileges and immunities and guarantee of due course of law because of the new law’s unconstitutionally vague language.
The plaintiffs are asking the trial court to issue an injunction enjoining the enforcement, operation and execution of SEA 1. They are also requesting the court declare the law unconstitutional.
“From its very inception, the Indiana Constitution has protected the right to privacy,” Ken Falk, legal Director of the ACLU of Indiana said in a press release. “Implicit in this right, is the right for a woman to make medical decisions regarding her own reproductive health. This ban on abortion will force Hoosiers to carry pregnancies against their will, leading to life-altering consequences and serious health risks. Deeply private, personal, and unique decisions about reproductive health should be made by women in consultation with their doctors. Whether Indiana elected officials personally agree with abortion access or not, it is not up to the government to make these decisions for Hoosiers.”
Indiana Attorney General Todd Rokita said in a statement his office is “dedicated” to defending the new law.
“The Left is notorious for fighting to erase all of the progress and protections secured by the pro-life movement. Hoosiers respect and value all lives, including the lives of the unborn,” Rokita said. “This is why our legislators voted to stop these inhumane practices, and it’s why my office is dedicated to defending this life-saving law. We don’t need the warped opinions of organizations like the ACLU and Planned Parenthood dictating how we do things in Indiana.”
Indiana was the first state to pass new abortion restrictions following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade. Without any Democratic support, Republican lawmakers banned abortions except in the cases of rape, incest and harm to the health of the mother.
Indiana Gov. Eric Holcomb signed the bill into law on Aug. 5.
“Today, we are asking that the court does what Indiana lawmakers didn’t — protect Hoosiers’ constitutional rights,” Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, said in a press release about the lawsuit. “Unless this ban is blocked, patients seeking abortion will be unable to access timely and potentially life-saving care in their own communities.”
The lawsuit argues by virtually eliminating access to abortion in Indiana, the new law will inflict irreparable harm on thousands of pregnant Hoosiers each year. Also, by mandating abortions be performed in hospitals, SEA 1 will make abortion “nearly impossible” to access even for those patients who meet the narrow exceptions.
Specifically, the lawsuit claims SEA 1 violates Article 1, Section 1 of the Indiana Constitution substantive due process right to privacy and Article 1, Section 23 of the state’s constitution’s equal privilege and immunities. In addition, the complaint asserts the new law violates Article 1, Section 12’s prohibition against vagueness because of the law’s “contradictory language regarding the gestational age limit” that applies to the health of the mother exception renders that exception unconstitutionally vague.
The lawsuit — Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky; Women’s Med Group Professional Corp.; Whole Woman’s Health Alliance; and All-Options, Inc, on behalf of themselves, their staff, physicians, and patients; and Amy Caldwell, M.D., on her own behalf and on behalf of her patients v. Members of the Medical Licensing Board of Indiana, in their official capacities; and the Henricks County Prosecutor, Lake County Prosecutor, Marion County Prosecutor, Monroe County Prosecutor, St. Joseph County Prosecutor, Tippecanoe County Prosecutor, and the Warrick County prosecutor, in their official capacities — was filed on the plaintiffs’ behalf by the Planned Parenthood Federal of America, the Lawyering Project, the ACLU of Indiana and WilmerHale.
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