Judge strikes down 2017 law banning doctors from helping minors seek abortions elsewhere
A federal judge on Thursday struck down a 2017 Indiana law that prohibited doctors from helping young pregnant patients find less stringent abortion care out of state.
Judge Sarah Barker of the Southern District court agreed with the ACLU and Planned Parenthood's contention that preventing doctors from, for example, informing a minor of the states where they could get an abortion without parental consent, constitutes a violation of the First Amendment right to free speech.
“Given Indiana’s near-total ban on abortions in the state, it is extremely important that medical providers and other persons retain the ability to inform patients, including minors, of their out-of-state options for receiving this vital health care," said Gavin Rose, Senior Staff Attorney for ACLU of Indiana. "We are grateful that the Court recognized that this right is one that is protected by fundamental free-speech principles."
The "aid-or-assist" statute has been blocked by a preliminary injunction since 2017. The plaintiffs argued that prohibiting both the sharing of information and the ability to make medical referrals on behalf of minors infringes on free speech. The state, however, argued that this was a "conduct-based" restriction, and even if it did affect speech, it did so for "compelling interests" such as investigating criminal activity and protecting children's physical and emotional well-being.
Very similar arguments are playing out in a lawsuit seeking to repeal Indiana's 2023 ban on gender affirming care for minors, which sits before the Seventh Circuit federal appeals court.
More: Federal court lets Indiana ban on gender-affirming care for minors take effect
On the aid-or-assist law, the Judge Barker decided the statute is a "content-based" restriction on free speech and that the state hasn't proved that restricting this content ― providing minors factual information about legal care in other states ― furthers its "compelling interests."
"It is not a crime for an unemancipated pregnant minor to travel outside of Indiana to receive abortion care that is lawful in that state," Barker wrote. "Thus, prohibiting (Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky) and its physicians from disseminating to unemancipated pregnant minors who have not complied with Indiana's parental consent requirements truthful information about less-restrictive abortion practices in other states and/or providing referrals to medical providers outside Indiana for abortion services lawful in such states does not further any interest Indiana may have in investigating criminal conduct within its borders."
Anti-abortion groups like Indiana Right to Life are decrying the ruling, with CEO Mark Fichter calling it an "outrage" that risks "undercutting parental rights and endangering young girls."
"This ruling places young girls at risk of predatory abortion providers, coerced abortions, and abortions without informed consent," he said. "It also opens the door for Indiana abortion providers to sell abortions to young girls across state borders – all without parents knowing."
Indiana's Planned Parenthood CEO, Rebecca Gibron, called the 2017 law "cruel and inhumane."
“State laws mandating parental consent are unethical and harmful to the safety and well-being of young people, specifically those subject to unsupportive and abusive situations at home," she said. "They create obstacles to timely care and force young people to incur additional costs to obtain care or forego care altogether. Planned Parenthood is grateful for any progress in removing barriers to essential care for all Hoosiers.”
Contact IndyStar state government and politics reporter Kayla Dwyer at kdwyer@indystar.com or follow her on Twitter @kayla_dwyer17.
This article originally appeared on Indianapolis Star: Indiana's 2017 abortion law violates free speech, federal judge rules
