Indiana was the first state to enact a new abortion ban following the Supreme Court’s decision to overturn Roe vs. Wade. State lawmakers passed a bill Aug. 5 banning abortion after conception, with small exceptions for victims of rape or incest, to save the life of the pregnant person, and in cases where the fetus is diagnosed with a life-threatening abnormality. This law entered into force on September 15.
Abortion providers in the state, including Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana and Kentucky, have challenged the ban on the grounds that it violates privacy protections in the state’s constitution. state and violates the requirement of equal protection under the law. Indiana Solicitor General Tom Fisher, who is defending the law on behalf of the state, argued in court this week that the constitution does not establish the right to abortion.
In his order granting the injunction, Hanlon said the existence of privacy protections in Indiana remains an “open question,” but that there is a “reasonable likelihood” that the courts will side with the complainants.
“Because of these considerations and the history of the Indiana Constitution being interpreted to provide greater protection to individual citizens than its federal counterpart, there is a reasonable likelihood that this significant restriction on personal autonomy will violate the The Indiana Constitution’s freedom guarantees and plaintiffs will prevail,” Hanlon wrote.