Abortion Providers and Pregnancy Resource Center Seek Relief from Indiana’s Dangerous Abortion Ban

Plaintiffs seek preliminary injunction against the unconstitutionally restrictive health and life exception to the state’s ban

11.09.23 — (PRESS RELEASE) Today, abortion providers and a pregnancy resource center sought a preliminary injunction in Indiana to broaden the scope of the unconstitutionally narrow health or life exception to S.E.A. 1, the state’s abortion ban. The ban went into effect in August following the Indiana Supreme Court’s ruling vacating a previously issued preliminary injunction and holding that the Indiana Constitution includes a right to an abortion that is necessary to protect a patient from a serious health risk.

Contrary to the Supreme Court’s ruling, S.E.A 1 outlaws abortion even in cases presenting a serious health risk and threatens providers with criminal and licensure penalties for providing care in these circumstances. In the motion filed today, and consistent with the Indiana Constitution, plaintiffs seek to expand the medical exception to the law and block its requirement that any abortions that take place under its limited exceptions be provided at a hospital. The hospital requirement makes abortion even more inaccessible because only a few hospitals, concentrated in the Indianapolis region, provide abortion, and they typically do so at much higher costs than abortion clinics, where nearly all abortions occurred before the ban.

Joint statement from leaders from Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, ACLU of Indiana, All-Options, the Lawyering Project, and Women’s Med:

“The fight isn’t over in Indiana. Today, we are asking the trial court to protect Hoosiers’ health and limit the scope of the state’s unconstitutional abortion ban. We are hopeful that the court will grant our request, ensuring that Hoosiers in the most vulnerable circumstances can still access care in their state. While this would be a critical step forward for reproductive freedom, it would not restore access for most people seeking abortion in Indiana. We will continue working to support Hoosiers in getting abortions — and we will continue to fight until access is fully restored.”

The lawsuit was filed by the Lawyering Project, the ACLU of Indiana, Planned Parenthood Federation of America, and WilmerHale on behalf of All-Options, Inc, Women’s Med Group Professional Corporation,  Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky and Dr. Amy Caldwell.

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