Indiana judge refuses to broaden medical exception to abortion ban
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[September 12, 2024]
By Brendan Pierson
(Reuters) - An Indiana judge on Wednesday refused to broaden the medical
exception to the state's near-total abortion ban, ruling against a
lawsuit brought by Planned Parenthood and other abortion providers.
Judge Kelsey Hanlon of Monroe County Circuit Court acknowledged that the
ban, which makes an exception for a "serious health risk" to the mother,
put providers in "the incredibly unenviable position" of providing care
in a "politically charged environment" under threat of criminal
prosecution or loss of their licenses.
However, the judge said the plaintiffs had not shown that the exception
would prohibit an abortion in violation of women's rights under the
state constitution.
Planned Parenthood and the other plaintiffs had asked the judge for a
court order setting out that the exception must be interpreted to allow
abortion in the case of a health condition that requires treatment that
would endanger the fetus, causes debilitating symptoms during pregnancy,
or is likely to become life-threatening or cause lasting damage to the
mother's health.
The ban defines a serious health risk as "a serious risk of substantial
and irreversible physical impairment of a major bodily function."
The plaintiffs said that was too narrow, and that without a clarifying
court order, doctors might wait to treat dangerous medical conditions
until they become deadly. But Hanlon said the exception did not require
them to wait that long and allowed them to use their "reasonable medical
judgment."
"Today's decision means that pregnant Hoosiers' lives will continue to
be endangered by Indiana's abortion ban," Planned Parenthood, the other
plaintiffs and their attorneys said in a joint statement. "We are still
considering all of our options."
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Abortion rights demonstrators protest outside the House chambers in
the Indiana Statehouse during a special session to debate banning
abortion in Indianapolis, Indiana, U.S. August 2, 2022.
REUTERS/Cheney Orr/File Photo
Hanlon, who was elected as a
Republican, blocked Indiana's abortion ban in 2022, saying it
violated the right to personal autonomy under the state
constitution.
"Indiana's pro-life law is both reasonable and constitutional, and
we're pleased the Monroe County Circuit Court upheld it," Indiana
Attorney General Todd Rokita said on X.
The Indiana Supreme Court last year disagreed and revived the law,
but also found that the state constitution included a right to
abortion to save the mother's life or protect against serious health
risks. It sent the case back to Hanlon, who held a trial in May on
the plaintiffs' motion to broaden the medical exception.
Indiana is one of more than 20 Republican-led states that has banned
or restricted abortion in the wake of the U.S. Supreme Court's 2022
ruling eliminating the longstanding constitutional right to
abortion. Some of those laws have since been blocked in court or
overturned by ballot measures.
Lawsuits have been filed over medical exceptions in other states.
The Texas Supreme Court in June ruled against a lawsuit seeking to
expand and clarify the exception in that state, and the U.S. Supreme
Court allowed emergency abortions in hospitals to continue in Idaho
for now while a lawsuit over the issue continues.
At least nine states are expected to vote on ballot measures to
guarantee abortion rights in the Nov. 5 election.
(Reporting By Brendan Pierson in New York, Editing by Alexia
Garamfalvi and Deepa Babington)
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