Owen County Judge Kelsey Hanlon issued a preliminary injunction in opposition to the ban that took effect one week ago. The injunction was sought by abortion clinic operators who argued in a lawsuit that the state structure protects entry to the medical process.
The ban was approved by the state’s Republican-dominated Legislature on Aug. 5 and signed by GOP Gov. Eric Holcomb. That made Indiana the primary state to enact tighter abortion restrictions for the reason that U.S. Supreme Court eradicated federal abortion protections by overturning Roe v. Wade in June.
The choose wrote “there is reasonable likelihood that this significant restriction of personal autonomy offends the liberty guarantees of the Indiana Constitution” and that the clinics will prevail within the lawsuit. The order prevents the state from imposing the ban pending a trial on the deserves of the lawsuit.
Republican state Attorney General Todd Rokita stated in a press release: “We plan to appeal and continue to make the case for life in Indiana.”
Indiana’s ban adopted the political firestorm over a 10-year-old rape victim who traveled to the state from neighboring Ohio to finish her being pregnant. The case gained extensive consideration when an Indianapolis physician stated the kid got here to Indiana due to Ohio’s “fetal heartbeat” ban.
An Ohio choose has temporarily blocked that state law, indicating he’ll enable abortions to proceed as much as 20 weeks’ gestation till after a court docket listening to scheduled for Oct. 7.
With Indiana now on maintain, bans on abortion at any level in being pregnant are in place in 12 Republican-led states. In one other state, Wisconsin, clinics have stopped offering abortions amid litigation over whether or not an 1849 ban is in impact. Georgia bans abortions as soon as fetal cardiac exercise might be detected and Florida and Utah have bans that kick in after 15 and 18 weeks gestation, respectively.
The Indiana ban, which incorporates restricted exceptions, changed state legal guidelines that usually prohibited abortions after the twentieth week of being pregnant and tightly restricted them after the thirteenth week.
The American Civil Liberties Union of Indiana, which is representing the abortion clinics, filed the lawsuit Aug. 31 and argued the ban would “prohibit the overwhelming majority of abortions in Indiana and, as such, will have a devastating and irreparable impact on the plaintiffs and, more importantly, their patients and clients.”
Ken Falk, the ACLU of Indiana’s authorized director, pointed to the state structure’s declaration of rights together with “life, liberty and the pursuit of happiness” in arguing before the judge on Monday that it included a proper to privateness and to make selections on whether or not to have kids.
The state legal professional normal’s workplace stated the court docket ought to uphold the ban, calling arguments in opposition to it based mostly on a “novel, unwritten, historically unsupported right to abortion” within the state structure.
“The constitutional text nowhere mentions abortion, and Indiana has prohibited or heavily regulated abortion by statute since 1835 — before, during, and after the time when the 1851 Indiana Constitution was drafted, debated, and ratified,” the workplace stated in a court docket submitting.
The query of whether or not the Indiana Constitution protects abortion rights is undecided.
A state appeals court docket choice in 2004 stated privateness was a core worth underneath the state structure that prolonged to all residents, together with girls in search of an abortion. But the Indiana Supreme Court later put aside that ruling with out addressing whether or not the state structure included such a proper.
Hanlon, a Republican who was first elected in 2014 as a choose within the rural southern Indiana county, wrote that Indiana’s structure “is more explicit in its affirmation of individual rights and its limitation of legislative power to intrude into personal affairs” than the U.S. Constitution.
“There is a reasonable likelihood that decisions about family planning, including decisions about whether to carry pregnancy to term,” are protected by the state structure, Hanlon wrote.
Planned Parenthood and different abortion clinic operators concerned within the lawsuit stated in a press release that they had been “grateful that the court granted much needed relief for patients, clients, and providers but this fight is far from over.”
“Indiana lawmakers have made it abundantly clear that this harm, this cruelty, is exactly the reality they had in mind when they passed (the abortion ban,)” the assertion stated.
The Indiana abortion ban consists of exceptions permitting abortions in instances of rape and incest, earlier than 10 weeks post-fertilization; to guard the life and bodily well being of the mom; and if a fetus is recognized with a deadly anomaly.
The new legislation additionally prohibited abortion clinics from offering any abortion care, leaving such companies solely to hospitals or outpatient surgical facilities owned by hospitals.
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