Indiana attorney general asks courts to lift injunctions on abortion laws

Jun. 28—SOUTHERN INDIANA — Although abortion is still legal in Indiana, state leaders are signaling that will change after next week's planned special legislative session in Indianapolis.

Indiana Attorney General Todd Rokita asked state courts Monday to lift injunctions on several proposed Indiana abortion laws:

—One of the laws, rejected by the U.S. Supreme Court in 2019, would prohibit abortions based on gender, race or disability.

—Another law would ban an abortion procedure referred to in the law as a "dismemberment abortion."

—A third law would require the parents of a pregnant minor to be notified when a court approves an abortion for a minor without parental consent.

"Indiana has a long history of defending life," a statement from Rokita said. "And the Supreme Court has recognized these contributions. Indeed, the Dobbs decision expressly cited multiple Indiana cases — such as our battles to outlaw discriminatory abortion and require respectful disposition of the bodies of aborted babies."

Rokita has already obtained a court-filed stipulation stopping expansion plans by abortion providers in South Bend and Evansville.

"We are reviewing the filings and will respond within the time allowed by the rules of the court," ACLU of Indiana Communications Director Ariella Sult said in a statement Tuesday to the News and Tribune.

Indiana Right to Life President and Chief Executive Mike Fichter released a statement after Rokita's moves Monday.

"The AG's swift action (Monday) to move Indiana forward in the wake of Friday's ruling underscores the commitment our leaders have to protecting life," Fichter said in a statement.

"These cases challenged Indiana's prohibition on late-term abortion and abortion of children based on discriminatory reasons, such as race, sex and even the national origin of the mother. Today's action demonstrates that our Indiana leaders realize every life has value, and everyone deserves to be born."

Indiana's state legislature, which has a Republican super majority, is scheduled to start its special session July 6, which already had been called to deal with taxes.

Gov. Eric Holcomb said last week the state's abortion law also will be considered.

According to the most recent findings from the Terminated Pregnancy Report from the Indiana Department of Health, a total of 7,756 pregnancies were terminated in 2020. A majority of those abortions occurred within the first two months of gestation.

The Guttmacher Institute, a group that studies abortion policy, reports Indiana's current laws only allow abortions up to 22 weeks with few exceptions.

Patients must wait 18 hours after asking for the procedure to have an abortion in Indiana, requiring two appointments. Counseling is required ahead of time and a patient must undergo an ultrasound first. The provider must offer the patient the option to view the ultrasound image.

Most minors need parental consent for an abortion.

Medical abortions are illegal after 10 weeks.

In a landmark decision last week the U.S. Supreme Court overruled Roe vs. Wade, the ruling that had protected the right to abortion since 1973. The decision now puts abortion laws in the hands of individual states.