BLOOMINGTON, Ind.--The state’s new abortion law is on hold while a lawsuit filed by Planned Parenthood and several organizations, plays out in court.
Judge Kelsey Hanlon, a special judge in Monroe County, issued an injunction Thursday, as requested by the ACLU and suing parties, that temporarily blocks the law.
This week Ken Falk, an attorney who also serves as legal director for the ACLU Indiana, argued before the judge that Indiana’s constitution implies a right to privacy as a core value, and that within that right, is privacy about a woman’s decision to have an abortion.
LISTEN: Ken Falk talks about the injunction
That is essentially the same principle upon which the Roe. v. Wade decision was made 49 years ago, that made abortion a constructional right, until that decision was overturned this year in the Dobbs case.
“The Monroe County Circuit Court’s decision for a preliminary injunction on the abortion ban today underscores what we all know: every Hoosier has a fundamental right to privacy,” said Lauren Ganapini, executive director for the Indiana Democratic Party
“Only a woman and her doctor should make personal health care decisions, not politicians, and it’s reassuring to see the decision show Hoosiers that the Indiana Republican Party’s effort to ban a legal and safe abortion has crossed the line. But the loser today continues to be taxpayers who at minimum have spent $240,000 to carry out the GOP’s extremist agenda. Enough is enough: A vote for Democrats is a vote to repeal the dangerous abortion ban and we urge all Hoosiers to support pro-choice candidates up and down the ballot this November.”
An attorney representing the state argued that since the state constitution did not specifically state there is a right to privacy, that it essentially does not exist.
Indiana Atty. Gen. Todd Rokita said he plans to appeal the court’s decision.
Indiana Right to Life, an organization supporting the ban, issued a statement saying they are disappointed to see the temporary injunction.
“Today’s blockage of Indiana’s new law means over 161 unborn children will continue to lose their lives to abortion every week this injunction stays in effect. We are encouraged by the judge’s acknowledgement of the state’s legitimate interest in protecting unborn babies and are hopeful the blockage will be brief,” said Indiana Right to Life CEO Mike Fichter.
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