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Judge Permanently Strikes Down Parts Of 2016 Indiana Abortion Law

ACLU of Indiana Legal Director Ken Falk (left) and Planned Parenthood of Indiana and Kentucky CEO Christie Gillespie discuss their latest court victory.

Photo: Brandon Smith (IPB News)

ACLU of Indiana Legal Director Ken Falk (left) and Planned Parenthood of Indiana and Kentucky CEO Christie Gillespie discuss their latest court victory.

A federal judge permanently struck down key portions of Indiana’s controversial 2016 anti-abortion bill.

The judge initially halted the bill’s major provisions before they took effect last year. That includes a ban on abortions performed because of a fetus’s characteristics – such as race, gender, or disability – and a requirement that medical facilities bury or cremate all aborted or miscarried fetal remains.

Judge Tanya Walton Pratt’s latest decision permanently strikes down that language.

The state never appealed the initial ruling and ACLU of Indiana Legal Director Ken Falk says he hoped that would stay the same after the new decision.

“This law was a frontal assault on law that has existed firmly in the Supreme Court since 1973, so I would hope that cooler heads would prevail,” Falk says.

But Indiana Attorney General Curtis Hill will appeal the judge’s decision. He says he’s disappointed by the ruling and says it opens the door to genetic discrimination.

A separate lawsuit challenging another part of the 2016 law – a provision that requires women to get an ultrasound at least 18 hours before an abortion – has been struck down and is in the appeals process.

Want to contact your legislators about an issue that matters to you? Find out how to contact your senators and member of Congress here.

  • lastcamp2

    One has to wonder. Would being a woman with a problem pregnancy that she and her doctor decide must be terminated in the interest of her health and well-being influence his view of things?
    If he were a rational person, he would have a different attitude. The problem is, attitudes like his aren’t rational. Worse, he would impose those irrational attitudes on multitudes of others.
    Mr. Hill, if you oppose abortion, don’t have one. Oops! You are privileged to never have to make those decisions because you are a male.

  • ohhhh

    No surprise there, you supporting genetic and gender discrimination.

  • mothership49

    Why does the Indiana Legislature hate women so much? Oh yeah – the majority of members are men. Women have been working their way out of the shadows for centuries. Women have earned the right to own property, to vote and to control their own bodies. We just want to be equal under the law. These abortion laws are unconstitutional and violate the civil rights of women. The Indiana Legislature needs to get over itself. Stop fearing equality.

  • lastcamp2

    No, just supporting the Constitution.

  • TP

    How about supporting an individuals right to not have the government meddling in something that the gov. has no inherit right to even know about.

  • ohhhh

    like healthcare?

  • ohhhh

    selectively, when it fits your agenda.

  • TP

    Actually, yes. Like healthcare. There was and is a great need for health care reform. We got the ACA because Repubs spent more than a decade not even trying to fix any part of it. That was stupid. So rather than repeal the ACA, they should be fixing healthcare in a way that makes the ACA unnecessary.

  • ohhhh

    So you agree they should get out of healthcare then.

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