Indiana’s near-total abortion ban halts all future appointments.

The Battle for Abortion Rights in Indiana

The 11 Planned Parenthood facilities in Indiana are currently fully booked for abortion appointments, creating a sense of urgency as the state’s abortion ban is set to take effect on August 1.

Last month, the Indiana Supreme Court upheld a near-complete ban on abortion after a heated legal battle that began in August 2022.

Abortion Laws in Indiana

While the ban is looming, abortion in the Hoosier State remains legal up to 22 weeks gestation. This has been the status quo since Planned Parenthood and the American Civil Liberties Union filed for an emergency injunction to block the new law.

The 22-week cutoff point for abortion has made Indiana a popular destination for abortion seekers, particularly those from neighboring states with more restrictive laws.

Rising Abortion Rates and Abortion Tourism

The number of abortions in Indiana has increased by over 2,000 since 2020, with 9,529 abortions conducted in 2022. In comparison, there were 78,616 live births in the state in 2020, according to the Indiana Department of Health.

Notably, nearly 20% of abortions in Indiana in 2022 were performed on out-of-state residents, totaling 1,827. This is a significant increase from 2020 when only 384 abortions were performed on out-of-state residents.

Of the out-of-state residents seeking abortions in Indiana in 2022, 611 were from Ohio and 950 were from Kentucky. Both Ohio and Kentucky have implemented near-total abortion bans since July 2022 and February 2023, respectively.

The Fight for Abortion Rights

Ohio abortion rights activists successfully added a constitutional amendment to the ballot in November, codifying abortion rights. This was achieved after submitting over 700,000 signatures, more than double the required amount.

Neither Ohio nor Kentucky have exceptions to their total abortion bans for cases of rape or incest.

Although Indiana’s law allows for exceptions to the abortion ban for up to 10 weeks, Planned Parenthood and other abortion clinics will no longer be permitted to perform the procedures. The law now requires legal abortions to be conducted in hospitals or ambulatory outpatient surgical centers.

However, there is still a glimmer of hope for those fighting against the ban. A unique argument using Indiana’s Religious Freedom Restoration Act could potentially be used to strike down the state’s abortion ban in certain cases.

The ACLU’s Lawsuit

The ACLU filed an additional lawsuit against the ban in September 2022, arguing that not all religions and non-religious individuals believe that life begins at conception. According to the ACLU, any law forcing a woman to carry a pregnancy to term against her will is akin to compelled speech in support of life beginning at conception.

Even if this lawsuit is validated by a court later this summer, the abortion exception would only apply to individuals with sincere religious beliefs, based on First Amendment grounds.

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