STATE WIDE–A lawsuit challenging the state’s effective ban on abortion, which goes into effect in two weeks, was filed Tuesday by Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, Whole Woman’s Health Alliance, Women’s Med Group Professional Corporation, All-Options, Inc., and Dr. Amy Caldwell.
The lawsuit states that the ban would violate the Indiana constitution’s right to privacy and equal privilege protections.
For 49 years, until the Dobbs ruling, the U.S. Supreme Court protected a woman’s decision on whether she wanted to get an abortion, based on the right to privacy, said Ken Falk, legal director for the ACLU Indiana.
“But, the court did say that this does not stop states from recognizing such a right,” he said, adding that the suit says the state constitution does recognize that right. He also said the ban violates the equal privilege clause in the Indiana constitution, because abortions, when they can happen, can no longer be performed in clinics.
“They’re safe. They’re cheap, and they’re effective,” said Falk. “There is no justification in our estimation to discriminate against clinics in that way.”
Falk said it will disproportionately affect people of color because statistically more of them across the country get abortions.
The CEO of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, called the law dangerous and cruel.
“It will directly harm the people of Indiana and send ripple effects through our entire health care system, disproportionately harming our communities of color due to centuries of systemically racist policies— increasing the maternal mortality rate for Black women by as much as 33 percent and 21 percent across the board,” said Rebecca Gibron, in a prepared statement.
Gibron did not cite a source for those stats.
“The decision to have an abortion should be made only between a pregnant person and their health care provider, and never by politicians without medical knowledge or expertise. Every person deserves the right to access basic care. We will never stop fighting for a person’s ability to control their own life and future,” she said.
The law takes effect Sept. 15, unless the suit is successful in blocking it.