Despite opposition by local activists, national women’s health organizations and even anti-abortion Republicans within Indiana’s own Statehouse, a bill that would ban certain abortions in the Hoosier state still looms.
The measure would forbid women from terminating a pregnancy due to genetic abnormality (such as Down syndrome), gender, race or ancestry. Doctors who performed such services could be sued or disciplined professionally. The measure includes other provisions regulating the handling of miscarried or aborted fetuses, requiring abortion providers to cremate or bury fetuses, and it would make it a felony to transfer fetal tissue.
North Dakota is the only other state to ban abortions due to genetic abnormalities.
The bill, which passed the Senate 37–13 and the House 60–40, awaits a signature from Indiana Gov. Mike Pence, who hasn’t said outright whether he plans to sign it. The governor did speak publicly about his anti-abortion beliefs two days after the bill passed the legislature.
“I’m pro-life,” Pence said. “I do bring my belief in the sanctity of life to that, and that will inform the way that I evaluate that ultimately.”
Mike Fichter, CEO of anti-abortion group Indiana Right to Life, told the Associated Press he is convinced Pence will sign the measure into law.
“He has a rock-solid record on pro-life issues,” Fichter said, adding that Pence earned a “perfect score” from the anti-abortion organization during his 12-year tenure in Congress.
The bill faced opposition on the legislative floor from typically anti-abortion lawmakers — both men and women — who said the bill goes too far.
Rep. Sean Eberhart, R–Shelbyville, says his wife is “as pro-life as they come,” but after a long discussion with her, he decided he had to speak up.
“Today is a perfect example of a bunch of middle-aged guys sitting in this room making decisions about what we think is best for women,” Eberhart said. “We need to quit pretending we know what’s best for women and their health care needs.”
Rep. Sharon Negele, R–Attica, sponsored a bill last year that would have tightened restrictions for Planned Parenthood clinics, yet she opposed this most recent anti-abortion measure.
“The bill does nothing to save innocent lives,” she said. “There’s no education, there’s no funding. It’s just penalties.”
Another Republican, Rep. Wendy McNamara, from Evansville, said she was “sick to her stomach” over the bill.
“It’s bills like these that make people like me really hate the system,” she said.
Medical professionals have also been outspoken against the bill, saying it puts women at risk. The American Congress of Obstetricians and Gynecologists (ACOG) released a statement after the bill was passed, stressing the medical importance of abortion access.
“By forcing women to carry pregnancies to term, regardless of their reasons for needing an abortion, these bans will compel high-risk women to endanger their lives, increasing maternal mortality. At a time when maternal mortality is already on the rise in the United States, we should be working together to improve women’s health — not to attack it,” the statement says. “Abortion is health care. It’s a medical procedure that is essential for the health and well-being of women across the country. Targeting and restricting any medical procedures in this way is simply bad medicine.”
House Speaker Brian Bosma has voiced support for the measure, saying, “Those unborn children are Hoosiers and they have constitutional rights. We’re not making a determination about women’s health. We are trying to protect the right of the unborn. They cannot speak for themselves.” Yet Bosma said he expects a court challenge if the bill becomes law.
