Repro Roundup: Indiana abortion laws upheld by federal judge, other laws in question

Welcome to my column, The Repro Roundup, in which I summarize abortion news happening around the country, why it matters, and what you can do about it — in 250 words or less.

Note: This Roundup is longer than my usual 250 words due to the sheer number of laws being discussed.

What’s the issue? According to Indiana Public Media, a federal judge decided that a number of abortion regulations will remain on the books in Indiana while the legality of other restrictions will be sent back to the lower courts. The lawsuit was originally brought against the state in 2018 by Whole Woman’s Health Alliance, the advocacy arm of a chain of abortion providers, one of which is based in South Bend, Indiana. The lawsuit aimed to overturn nearly all of the laws on the books, many of which are extreme and regressive.

The laws that are being upheld, according to reporting from Indiana Public Media, are:

• A requirement that abortion clinics must be state-licensed
• A requirement that abortion doctors report patients’ information to the state including the patients’ maternal history, date of last menstrual period, age and gender of the fetus, and if the patient sought abortion care because of abuse, coercion, trafficking, or harassment
• A requirement that abortion doctors have admitting privileges at a hospital in the county or neighboring county where the abortion takes place
• A requirement that abortion medication can only be administered within nine weeks of pregnancy unless the FDA gives them permission
• Requirements that dictate how the physical abortion clinics are built or structured (i.e.: hallway width)
• A requirement that doctors inform patients of their options regarding how the fetal tissue will be disposed
• A requirement that doctors provide patients a brochure that details the alleged increased risks of abortion after 21 weeks
• A requirement that a patient gets an ultrasound 18 hours before the abortion
• A requirement that a patient must wait 18 hours between giving informed consent and obtaining an abortion
• A requirement that a minor receive parental permission to have an abortion or go through the process of judicial bypass

The laws that will be heard at a district court level or by a court of appeals are:

• A requirement that only doctors can perform abortions and not other clinicians like nurse practitioners
• A requirement that a second-trimester abortion can only take place in a hospital or ambulatory surgical center
• A requirement that the informed consent that a patient must give 18 hours prior to having an abortion happen in person
• A ban on providing abortion care through telemedicine
• A requirement that doctors must tell patients that a fetus can feel pain
• A requirement that doctors tell patients, “human physical life begins when a human ovum is fertilized by a human sperm”
• A requirement that a doctor gives patients a brochure that states abortion is allegedly associated with worse mental health outcomes than carrying a pregnancy to term
• Provisions that impose legal consequences for violating many of these regulations

Why does this matter? The number of draconian laws on the books in Indiana is staggering. Normally when analyzing legislation, I take in one law at a time and can pick it apart piece by piece. In this case, if I were to spend as much time as I normally do for each law, this Roundup would be LONG. But here’s what I’ll say: even a cursory reading of these laws paints a dire picture of reproductive freedom in the state. Patients are lied to, doctors are gagged, clinics must jump through ridiculous hoops, and none of it makes abortion any more or less safe. These laws also do little to prevent abortions from taking place. Instead, people seeking abortions have three options: be humiliated and degraded but obtain the abortion in Indiana anyways, travel out of state for an abortion, or have an abortion through unsafe measures.

The people of Indiana deserve better. I look forward to seeing these rulings appealed. Stay tuned for further Roundups!

What actions can I take?

• Donate to Whole Woman’s Health Alliance
• Donate to the Hoosier Abortion Fund
• Get involved with Pro-Choice South Bend, a reproductive justice advocacy organization
• Get involved with Clinic Defense South Bend
• Clinic escort at an abortion clinic with Indianapolis Clinic Escorts
• Volunteer with All-Options Pregnancy Resource Center that provides abortion funding, practical support, talkline support, diapers, free contraception and condoms, free pregnancy tests, adoption resources, and more to pregnant people
• Read a deep-dive of each abortion restriction using this guide from NARAL Pro-Choice America

• Subscribe to The Repro Queen of DC, my monthly newsletter on abortion access, activism, and writing on the frontlines of DC.
• Subscribe to Repro 101, a seven-week educational email series about all things repro. Topics include the basics of funding abortion, clinic escorting, anti-choice violence, and more.