Indiana judge denies Planned Parenthood request to expand abortion

An Indiana judge has ruled against a request by Planned Parenthood and other abortion providers to expand the state’s near-total abortion ban to include more health exceptions.

The pro-abortion groups also sought to overturn the statute’s requirement that all abortions in the state be performed in hospitals.

The ban, enacted by the Indiana Legislature in 2023, permits abortion only in cases of rape, incest, “lethal fetal anomaly” before 20 weeks, and “when reasonable medical judgment dictates that performing the abortion is necessary to prevent any serious health risk to the pregnant woman or to save the pregnant woman’s life.” In addition, the procedure may not be performed in abortion or medical clinics, but only in hospital facilities. 

As reported by Liberty Counsel, Planned Parenthood led the lawsuit against Indiana’s medical licensing board, claiming the ban unnecessarily restricts pregnant mothers’ access to abortion via a narrow medical exception list and blocks abortion businesses, such as those run by Planned Parenthood, from performing abortions, requiring that all abortions be performed in hospitals. 

“The abortion giant sought a permanent injunction so women could kill their unborn babies under a swath of additional medical conditions, including mental health illnesses,” reported Liberty Counsel. “Planned Parenthood also argued abortion facilities would reduce financial and travel ‘burdens’ for women having to seek out hospitals for abortions.  

“Notably, Planned Parenthood indirectly revealed how the hospital-only requirement had resulted in the company’s lost business by stating that 98% of surgical abortions in the state had once been performed by abortion facilities prior to the law.” 

In her decision, Monroe County Circuit Court Judge Kelsey Hanlon ruled the law does not violate the rights of Indiana citizens, a confirmation of a 2023 ruling by the Indiana Supreme Court against Planned Parenthood’s contention that the abortion ban violated the state’s constitution. 

In her ruling Hanlon countered Planned Parenthood’s argument that medical conditions such as diabetes, preeclampsia, auto-immune disorders, obstructive sleep apnea, mental illnesses, and other illnesses were somehow connected to a woman’s right to a “constitutionally protected” abortion. Hanlon noted that both pro-abortion and pro-life experts agreed that abortion is not the only option for treating such conditions in pregnant women. 

“Plaintiffs have not shown an instance where an abortion is necessary to treat a serious health risk but would also fall outside of the Health and Life Exception,” wrote Hanlon in her ruling. “Additionally, Plaintiffs have not demonstrated that the Hospital Requirement is materially burdensome to constitutionally protected abortion access, nor that it fails rational basis review as to statutorily authorized (but not constitutionally protected) abortions.” 

Hanlon also noted that medical professionals have proven they understand and can apply the law’s health and life exception requirements and hospitals have developed appropriate procedures to ensure the law is followed. 

In a joint statement following the ruling, Planned Parenthood and its co-plaintiffs in the case claimed, “Today’s decision means that pregnant Hoosiers’ lives will continue to be endangered by Indiana’s abortion ban. We are still considering all of our options.” 

By contrast, Indiana Attorney General Todd Rokita praised the ruling, saying in a statement, “Indiana’s pro-life law is both reasonable and constitutional, and we’re pleased the Monroe County Circuit Court upheld it. This is another huge win for life and no matter how many times Planned Parenthood tries to sue and push forward their culture of death, we will continue fighting for mothers, fathers, and the unborn.” 

Similarly, Indiana Right to Life celebrated the decision on behalf of the unborn.  

“Today’s ruling strongly affirms Indiana’s right to limit abortions,” said the group’s president, Mike Fichter. “The limits in Indiana law have been highly effective in ending the killing of over 9,000 babies per year and stopped the abortion profiteers from making millions at the expense of women and their babies.” 

Based on Indiana’s official abortion report, Liberty Counsel noted “there has been a 98.6% drop in abortions in the state in the second quarter of 2024 when compared to the same quarter in 2023 before the abortion ban took effect. In April, May, and June of 2024, there were only 27 reported abortions when there were 1,938 in the same period in 2023. While Indiana’s birth rate data for 2024 is not yet available, states with similar near-total abortion bans have shown birth rates have increased while abortion rates have dropped drastically.” 

In his statement on the ruling, Liberty Counsel chairman Mat Staver said, “Every person, whether unborn or born, has a right to life. Planned Parenthood wants to continue to profit from aborting innocent babies without regard to the health and safety of women. Abortion laws protect women and save lives.”