Abortion still is legal in Indiana. But maybe not for much longer.
The Republican-controlled General Assembly is scheduled to convene in special session July 6, ostensibly to approve Republican Gov. Eric Holcomb’s plan to return a portion of the state’s bulging budget reserves to Hoosier taxpayers.
However, following Friday’s U.S. Supreme Court ruling repealing the right to abortion established by its 1973 Roe v. Wade decision, Indiana lawmakers are almost certain next month to enact severe restrictions on abortion access, or outright ban the procedure in the Hoosier State.
GOP legislative leaders were mum in the immediate aftermath of the high court ruling on exactly how far the House and Senate plan to go toward eliminating the approximately 7,000 abortions performed each year in Indiana, and whether any abortion ban will include exceptions for rape, incest, or the life or health of the mother.
It’s also not yet known if the Legislature will take action to criminalize women who obtain an illegal abortion, prohibit Hoosier women from seeking an abortion in another state, or punish individuals who aid women in finding the two-dose abortion pill or another abortion method.
But Senate President Rod Bray, R-Martinsville, made clear in a statement the upcoming special session has become an abortion session.
"Indiana has a strong record as a pro-life state, and I am pleased the Supreme Court ruled to return power to the states with regard to this important issue. With the final decision in hand, we can begin to formulate a policy that is right for Indiana that protects unborn children and cares for the health and lives of mothers and their babies. I expect we will be able to work on that in the upcoming special session,” Bray said.
"We certainly realize this is an extremely contentious and potentially polarizing issue," he said. "We will proceed with this conversation in a civil and substantive way so that all sides have the opportunity to be heard as we chart a course for Hoosiers.”
House Speaker Todd Huston, R-Fishers, anticipates any legislative action limiting abortion access will be paired with the state expanding resources and services to support pregnant mothers and care for their babies.
“It's my expectation for state lawmakers to take action to further protect life when we return to the Statehouse for a special session,” Huston said.
“We recognize the passion from all sides on this issue," he said, "and that's why I expect the General Assembly to thoughtfully vet any legislation through the full legislative process, including committee hearings and public testimony."
Holcomb also said he expects the Legislature to act on abortion in the special session now that the U.S. Supreme Court has given the go-ahead for each state to set its own abortion policies.
"The Supreme Court’s decision is clear, and it is now up to the states to address this important issue. We’ll do that in short order in Indiana. I’ve already called the General Assembly back on July 6, and I expect members to take up this matter as well,” Holcomb said.
“I have been clear in stating I am pro-life. We have an opportunity to make progress in protecting the sanctity of life, and that’s exactly what we will do," he said.
Records show the governor never has failed to enact any abortion restriction approved by the Legislature during his six years in office, even when the statutes were plainly unconstitutional and later struck down in federal court.
State Sen. Liz Brown, R-Fort Wayne, a leading anti-abortion legislator who stood outside the U.S. Supreme Court during oral arguments in the abortion case decided Friday, said she’s ready to act in Indianapolis.
“By overturning Roe, the justices are returning abortion policy making to the states. Hoosier elected officials are better positioned to set abortion policy than unelected judges, as we are answerable to voters and they are not,” Brown said.
“As someone who strongly believes in the sanctity of life, I regret unborn babies will continue losing their lives in states with liberal abortion laws," she said. "In Indiana, we affirm the dignity of mother and child. We must seize this opportunity to empower women and protect unborn human life.”
State Rep. Julie Olthoff, R-Crown Point, echoed that sentiment.
"This is a huge win for Indiana, and we'll now have the opportunity to save thousands of innocent lives. I strongly believe we'll couple any action to protect life with expanding resources and services to help pregnant mothers and their newborn babies," Olthoff said.
State Reps. Hal Slager, R-Schererville, and Jim Pressel, R-Rolling Prairie, were less certain of the final form Indiana's abortion legislation will take. But they're grateful for the opportunity as state legislators to set the abortion policy that will prevail in Indiana.
"The Supreme Court's ruling rightfully returns the question of abortion back to the people of each state. We’ve been clear that once this decision was official we wanted to come back to the Statehouse to pass meaningful legislation to further protect life and build on our strong pro-life track record," Slager said.
U.S Sen. Todd Young, R-Ind., and U.S. Sen. Mike Braun, R-Ind., who both supported the U.S. Supreme Court justices nominated by Republican former President Donald Trump that tipped the high court toward overturning Roe, including Justice Amy Coney Barrett of South Bend, said they’re hopeful Indiana legislators will quickly limit abortion access.
“Today is a monumental day for the protection of life in America and a defining moment for our nation. Roe v. Wade was wrongly decided, and the Supreme Court has corrected a historic injustice,” Young said.
“The American people will now have the opportunity, through their state elected officials, to decide our laws when it comes to protecting life and protecting women. It’s now time to work on solutions that affirm the right to life and support pregnant women and mothers.”
Braun similarly cheered that “after 50 years, the right to life has finally been returned to the people and their elected representatives.”
“I’m excited to see the states take the lead to protect the unborn, and I look forward to crafting solutions that will defend the unborn and save lives,” Braun said.
Republican Attorney General Todd Rokita, a Munster native, said he’s long devoted his efforts to defending Indiana’s “pro-life” laws against the “gross injustice” of abortion, and Rokita vowed to continue doing so in the months and years ahead.
“With today’s Supreme Court ruling, pro-life states such as Indiana should find it easier to legislate and enforce strong laws that protect lives,” Rokita said. “But our fight for unborn children continues in earnest. We will continue working vigorously to protect those little ones and the physical, mental and emotional well-being of their mothers.”
Meanwhile, Democratic members of the Indiana House and Senate said they stand ready to oppose GOP efforts to deny Hoosier women autonomy over their bodies and the right to choose whether and when to bear a child.
“Having control over your body, whether it’s your reproductive health, or the best decisions for your life and your family, are fundamental human rights,” said House Democratic Caucus Chairwoman Terri Austin, D-Anderson, and House Floor Leader Cherrish Pryor, D-Indianapolis.
“They are personal decisions that need to be made by a woman and her physician, not a room of 150 legislators in Indianapolis. Women who can control decisions about their bodies and their reproductive health have the ability to influence the outcome of their future and their family’s future.”
Democrats, however, are very much a minority at the Statehouse with limited influence over public policy since Republicans control 71 of 100 House seats and 39 of 50 Senate seats.
Nevertheless, Senate Democratic Leader Greg Taylor, D-Indianapolis, said his members will work to protect women whose lives are literally on the line as Republicans decide Indiana’s abortion policies.
“Due to decades of underinvestment in key social infrastructure, Indiana does not have the ability to support a forced-birth society. We already have a critical health care provider and OB/GYN shortage. the Department of Child Services is underfunded, and we have the second highest rate of child abuse and the highest rate of child deaths from abuse in the nation,” Taylor said.
“We will be fighting to promote life for women, expand maternal health coverage and support, and invest in key infrastructure in Indiana like child care, education, DCS and public health," he said. "All of these efforts will be critical if we’re about to start forcing girls and women to have babies in a state that currently ranks 3rd in the country for maternal mortality.”
Planned Parenthood, the leading abortion provider in Indiana with an abortion clinic in Merrillville, said it also will continue the battle for care — no matter what.
“Make no mistake — this decision goes beyond abortion. This is about who has power over you, who has the authority to make decisions for you, and who can control your future,” said Jennifer Allen, CEO of Planned Parenthood Alliance Advocates.
“This is a dark day for our country, but our fight is far from over," Allen said. "The people of Indiana should know that Planned Parenthood Alliance Advocates will always fight for you, and we will not back down. Generations before us have fought tirelessly to gain and protect our rights. Now it’s our turn to pick up the mantle.”
It’s not known at this time how the abortion ruling, and subsequent legislative action, will play with Indiana voters. The most recent, publicly available polling on the subject — the 2019 Hoosier Poll conducted by Ball State University — found just 17% of Indiana adults favor a total abortion ban.
That potentially could boost the campaign of Thomas McDermott Jr., the Democratic nominee for U.S. Senate and a five-term Hammond mayor, who described the Supreme Court’s abortion ruling as a “travesty” and said Young is to blame for confirming in the Senate three of the six justices who voted to overturn Roe.
“Today, 50 years of constitutional protections, under Roe v. Wade, has ended. Due to the Supreme Court’s holding, American women lost their most basic fundamental right, the right to make their own medical decisions,” McDermott said.
“I am 100% pro-woman and 100% pro-choice ... I think these women, recently stripped of their civil liberties, need to send a message and fire Todd Young,” he said.
The abortion issue also potentially could scramble existing political party coalitions as voters with a single-minded focus on ending abortion may realize the Republican Party does not represent their interests on whatever their second-most important issue is.
U.S. Rep. Frank J. Mrvan, D-Highland, said he believes the Supreme Court ruling reinforces the importance of elections and the need for the government to stay out of the most intimate parts of peoples' lives.
“Today’s lamentable decision by the Supreme Court reflects the very real consequences of our elections. The decision to become a parent is one of the most important decisions any person can make, and it should be made by women, their families, their faith, and medical professionals, not the government or elected politicians," Mrvan said. "I stand with every woman today, and will continue to fight for a country in which all women, including my two daughters, have the legal right to access safe reproductive care."
"There is a clear choice in this election between a candidate who supports the right for women to control their own bodies, and my opponent, who wants politicians to be able to make women’s health decisions.”
Jennifer-Ruth Green, the Republican challenging Mrvan at the Nov. 8 general election for the right to represent the 1st Congressional District of Lake, Porter and northwest LaPorte counties in the U.S. House, said she viewed Roe v. Wade as a stain on the country “because it took power away from the people and their elected representatives to decide issues of abortion.”
“I am pro-life. I look forward to creating a culture of life with Hoosiers. We must stop the radical Democrat agenda to do the opposite. Respect for human life overall is a key ingredient to our country’s success,” Green said. "The American people want their voices heard and they don’t support abortion on demand, up to the moment of birth, at taxpayer expense."
U.S. Rep. Jackie Walorski, R-Elkhart, whose 2nd District includes part of LaPorte County, confirmed she’s already looking to restrict access to the abortion pill at the federal level, even as she’s hopeful Indiana lawmakers soon will do the same at the state level.
“Our prayers have been answered. By rightfully restoring power to the states, the Supreme Court has affirmed the inalienable right to life," Walorski said. “As one of the most pro-life states in the nation, Indiana will lead the way in defending the vulnerable, uplifting women and families, and ensuring every child has the chance to achieve the American Dream. Our enduring commitment to life will prevail.”
Following the high court decision, U.S. Rep. Jim Baird, R-Greencastle, whose 4th District includes Newton and Jasper counties tweeted simply: “Life wins.”
Democratic Gary Mayor Jerome Prince, on the other hand, said he sees the Supreme Court ruling as overturning “a generation of progress” and a “a true setback for everyone who upholds a woman’s right to make decisions about her body and her life.”
“There will be years of work ahead as states, including Indiana, deal with the next steps. I urge everyone to contact your state lawmakers, voice your opposition to the Supreme Court’s decision and insist on state laws that treat families with fairness and dignity. I also encourage you to get involved in activities that will help ensure every woman’s right to her own decisions,” Prince said.
“We need to be kind and supportive of women who are facing the toughest decisions of their lives in dealing with unexpected pregnancies, and we must do everything we can to ensure our laws protect them, too.”
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