A state appeals court has upheld Indiana’s pro-life law, handing abortion giant Planned Parenthood a defeat in its attempt to kill preborn children in Indiana.
The ruling is a massive victory for life.
The Law
After the U.S. Supreme Court’s Dobbs decision in 2022, Indiana passed SB 1 prohibiting abortions in all but three circumstances:
- When an abortion is necessary either to save the woman’s life or to prevent a serious health risk to her (aka the Life or Health Exception).
- When there is a lethal fetal anomaly.
- When the pregnancy resulted from rape or incest.
According to the attorney general’s office, in the limited number of cases where abortion is permitted, it must be performed in a hospital or ambulatory surgical center (the Hospital Requirement) – not an abortion clinic like Planned Parenthood.
The Indiana House passed the bill on August 5, 2022, in a 62-38 vote. On the same day, the state Senate approved the bill in a 28-19 vote, and former Governor Eric Holcomb signed it into law.
The Lawsuit
After the Indiana general assembly enacted SB 1, Planned Parenthood and other abortion sellers in the state challenged the abortion ban, arguing that Article 1, Section 1 of the Indiana Constitution, which provides that “all people” are endowed “with certain inalienable rights,” including “life, liberty, and the pursuit of happiness,” thereby contained a right to abortion.
The Indiana Supreme Court subsequently rejected that argument, holding that Article 1, Section 1 only protects a woman’s “right” to an abortion “that is necessary to protect her life or to protect her from a serious health risk.”
In response, Planned Parenthood amended its complaint, arguing instead that “there are numerous, specific circumstances in which the life or health of a woman is at serious risk by a pregnancy, but the abortion ban would appear to prohibit a woman in those circumstances from obtaining an abortion to resolve those risks.”
Furthermore, the abortion providers challenged the statutory provision that requires any abortion to be performed at a licensed hospital or an ambulatory outpatient surgical center.
The Ruling
On Monday, in a 31-page decision, the Court of Appeals of Indiana rejected Planned Parenthood’s amended arguments.
“The constitutional right to an abortion under Article 1, Section 1 is limited to circumstances in which an abortion is the only reasonable medical option to protect a woman from a risk to her life or to protect her from a serious health risk,” the court explained. “The circumstances argued by the medical-care providers here generally do not necessitate an abortion to treat those risks.”
The appeals court also upheld the Hospital Requirement, deciding it is not a “material burden on the constitutional right to an abortion” because in any “extreme medical scenario” where a woman’s life or health is at risk, such a procedure would nearly always be done in a hospital anyway.
Judge Mathias authored the court’s opinion. He was joined by Chief Judge Altice and Judge DeBoer, who concurred in the unanimous decision.
“This ruling is a resounding victory for life and the rule of law in Indiana,” the state’s Attorney General Todd Rokita said in a statement lauding the ruling. He added,
Our unwavering commitment to protecting the most vulnerable and upholding our state’s values will continue to guide this office. The overwhelming majority of Hoosiers stand with us in defending the sanctity of life and the health of women across our state.
Kristan Hawkins, President of Students for Life, also touted the ruling as a “major win for Life.” She posted about the decision on X:
What You Can Do
The appeals court’s decision is a great win for life and will likely save the lives of thousands of preborn children from the scourge of abortion. But how can Christians and conservatives get more involved in the fight to protect every innocent human life?
First, learn more about the life issue. Over half of all abortions are now done with the abortion pill, which the abortion industry has falsely claimed is “safer the Tylenol.” A recent study published by the Ethics and Public Policy Center debunked that claim:
Second, to learn how you can defend life, consider purchasing author Randy Alcorn’s book Prolife Answers to Prochoice Arguments; you can also read Scott Klusendorf’s book The Case for Life: Equipping Christians to Engage the Culture.
Third, we at Focus on the Family have been working to turn the cultural tide and save mothers and babies from abortion for years. Since beginning the Option Ultrasound Program in 2004, Focus has helped save over half a million lives. Just $60 will help save a life through Option Ultrasound. Will you partner with us to save lives from abortion?
The case is Planned Parenthood Great Northwest v. Members of the Medical Licensing Board of Indiana.
If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.
Related articles and resources:
Counseling Consultation & Referrals
Dealing With Unplanned Pregnancy
Become an Option Ultrasound Life Advocate
New Insights on the Dangers of the Abortion Pill
Planned Parenthood Earns $2 Billion Killing Over 400,000 Babies, Annual Report Shows
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