Apr 7, 2016
Apr 7, 2016
The American Civil Liberties Union of Indiana filed a lawsuit in federal court in Indiana on behalf of Planned Parenthood of Indiana and Kentucky (PPINK), as well as two abortion providers, challenging certain provisions of HB 1337.
HB 1337 prohibits abortions, even if in the first trimester, if the sole reason for the abortion is the fetus’s race, color, national origin, ancestry, sex, or diagnosis of a statutorily defined “disability” or “potential diagnosis” of a “disability” (the anti-discrimination provision.) The law requires that women be informed of this prohibition as part of Indiana’s mandated “informed consent” process (the information dissemination provision). The law further provides that an abortion clinic or health care facility must bury or cremate fetal tissue after an abortion (the fetal tissue disposition provision).
Plaintiffs claim that the law imposes an undue burden on a woman’s right to choose, that the the law violates due process and equal protection under the Fourteenth Amendment, and that it infringes upon the First Amendment right of free speech.
On June 30, 2016, U.S. District Court Judge Tanya Walton Pratt blocked the anti-discrimination provision, the information dissemination provision, and the fetal disposition provision.
On September 22, 2017, Judge Pratt granted PPINK’s motion for summary judgment and entered a permanent injunction declaring the anti-discrimination, information dissemination, and the fetal tissue disposition provisions of the law unconstitutional.
On October 11, 2017, Judge Pratt altered the court order in order to state that the fetal disposition provision is blocked only as applied to pre-viability abortions and miscarriages.
On April 19, 2018, a three-judge panel of the Seventh Circuit Court of Appeals affirmed the district court’s order blocking the anti-discrimination provision, the information dissemination provision, and the fetal tissue disposition provisions.
On May 28, 2019, the United States Supreme Court reversed the judgment of the Seventh Circuit Court of Appeals regarding the fetal disposition provisions. That law will now take effect. The Supreme Court declined to take up the challenge over abortions due to the sex, race or disability—leaving that provision blocked.
**last updated May 28, 2019