Indiana's 2017 Anti-abortion Law Halted Again In Federal Court

Aug 27, 2019

A primary provision of Indiana’s 2017 anti-abortion law will remain blocked from taking effect after a federal appeals court’s decision Tuesday.

It’s the 11th time in the last three years the state lost in court over anti-abortion measures.

If a girl under age 18 in Indiana doesn’t or can’t get consent for an abortion from her parents, she can go to court to bypass that requirement. A 2017 state law said a judge will decide if the parents are informed of that hearing.

Opponents of the measure argued that potential notification would scare girls off from trying to get an abortion. A federal district judge agreed – now, so too does the 7th Circuit Court of Appeals.

“The State has not yet come forward with evidence showing that there is a problem for the new parental notice requirement to solve, let alone that the law would reasonably be expected to solve it,” Judge David Hamilton writes.

The state argued that parents need to know about the abortions to help care for their children. But Hamilton says that argument isn’t supported by logic or evidence.

The state can appeal the ruling.

Contact Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.