Circuit Court Judge Kelsey Hanlon ruled that Planned Parenthood
and the other providers had shown a "reasonable likelihood" that
the law's "significant restriction of personal autonomy"
violates the Indiana constitution.
"We are grateful that the court granted much needed relief for
patients, clients, and providers, but this fight is far from
over," Planned Parenthood and other organizations in the
lawsuit, including the American Civil Liberties Union of Indiana
and Whole Woman's Health Alliance, said in a statement.
Indiana Attorney General Todd Rokita said in a statement that
his office would appeal and "remains determined to fight for the
lives of the unborn."
Indiana was the first state to pass a new law banning abortion
after the U.S. Supreme Court in June overturned the right to the
procedure it had recognized in its landmark 1973 Roe v. Wade
ruling, though other Republican-led states quickly began
enforcing older bans.
The Indiana law, which took effect last Thursday, prohibits all
abortions with limited exceptions for rape, incest, lethal fetal
abnormalities or a serious health risk to the mother.
Indiana maintained that the state constitution could not include
a right to abortion because abortion was illegal at the time it
was adopted. Hanlon, who was elected to the bench as a
Republican, rejected that argument.
"The significant, then-existing deficits of those who wrote our
constitution - particularly as they pertain to the liberty of
women and people of color - are readily apparent," she wrote.
Abortion rights advocates have since June challenged bans in
state courts around the country. They have won preliminary
orders blocking bans in states including Ohio and South
Carolina, while bans have been allowed to take effect in
Georgia, Mississippi and elsewhere.
(Reporting By Brendan Pierson in New York; Eediting by Jonathan
Oatis and Bill Berkrot)
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