INDIANAPOLIS — Indiana Republican lawmakers on Tuesday narrowly advanced a plan to ban nearly all abortions in the state, despite opposition from abortion-rights supporters, who say the bill goes too far, and anti-abortion activists, who say it doesn’t go far enough.
The committee voted 7-5 in favor of the bill after adding provisions under which doctors could face felony criminal charges for performing an illegal abortion, along with limiting the time period allowing abortions in cases of rape and incest to eight weeks of pregnancy for women ages 16 or older and 12 weeks for those younger than 16.
“With a 14-year-old incest victim, how is an affidavit legally enforceable?” said Senate Minority Caucus Leader Greg Taylor, D-Indianapolis. “You not only have to realize that you’re pregnant before 12 weeks to tell somebody, but to sign an affidavit to make sure they’re not lying?”
The measure would prohibit abortions from the time an egg is implanted in a woman’s uterus with limited exceptions — in cases of rape, incest and to protect the life of the mother. The proposal followed the political firestorm over a 10-year-old rape victim who traveled to Indiana from neighboring Ohio to end a pregnancy. The case gained attention when an Indianapolis doctor said the child had to go to Indiana because a newly imposed Ohio law bans abortions if cardiac activity can be detected in an embryo or fetus, possibly as early as six weeks of pregnancy.
Indiana has one of the first Republican-run state legislatures to debate tighter abortion laws since the U.S. Supreme Court last month overturned Roe v. Wade. Its debate comes amid an evolving landscape of abortion politics across the country as Republicans face some party divisions and Democrats see a possible election-year boost.
Chants from anti-abortion activists, such as “Let their heart beat,” could be heard inside the chamber as a committee wrapped up two days of testimony during which none of the more than 60 people speaking voiced support for the Republican-sponsored bill.
A national poll taken this month found overwhelming majorities believe their state should generally allow abortion in specific cases, including if a pregnant woman’s life is endangered or if the pregnancy is the result of rape or incest. Few think abortion should always be illegal, according to The Associated Press-NORC Center for Public Affairs Research poll.
A top legislative Republican, Senate Majority Leader Mark Messmer, voted against it, lamenting the “near impossibility of threading the perfect needle” on the issue during a short special legislative session.
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Indiana is one of the first Republican-run state legislatures to debate tighter abortion laws following the U.S. Supreme Court decision last month overturning Roe v. Wade. The court ruling is expected to lead to abortion bans in roughly half the states.
While abortion-rights supporters oppose the Indiana bill’s severe limits on access to the procedure, abortion opponents say it is too lenient with its exceptions and lacks enforcement teeth.
Cathie Humbarger, a longtime leader of the Fort Wayne-based Right to Life chapter, said the bill should be scrapped.
“It is totally unenforceable and as such renders it basically worthless,” Humbarger told the committee. “You can, and must, do better.”
The American Civil Liberties Union of Indiana, which has sued over previous abortion restrictions, said the ban would endanger women.
“Indiana legislators are putting the health and safety of Hoosier women at risk, and again surrendering to the demands of a small group of anti-abortion extremists,” said Katie Blair, the organization’s advocacy director
Sen. Tim Lanane, D-Anderson, said it was no surprise that no one — on either side of the issue — wanted the bill.
“I’m not surprised this bill is fatally flawed, look at this composition of this committee,” Lanane said. “It’s 16 percent female … two females are on the committee. You have a lot of men who don’t know how the female body works on pregnancy who going to legislate on this issue.”
Sen. Ed Charbonneau, R-Valparaiso, asked who early on in Tuesday’s hearing why the issue can’t be delayed until the regular session which starts in January 2023, but he voted to move the bill out of committee.
Charbonneau said he’s a devout Catholic, but he struggled with some of the testimony.
“How can religious freedom only apply to certain religions?” Charbonneau said. “My wish is that we make a bad bill less bad.”
The Senate Rules committee also heard amendments on Senate Bill 2, which aims to expand support services for the expected increase in unplanned pregnancies in the state, and Senate Bill 3, an inflation relief bill. Both passed by unanimous votes
SB2 includes $45 million in the coming year toward state agencies that “support the health of pregnant women, postpartum mothers, and infants” through pregnancy planning and access to contraception, especially among low-income families.
Sen. David Niezgodski, D-South Bend, said the state’s terrible maternal and infant mortality rates will likely get worse with an abortion ban and inadequate funding of social services. In 2019, Indiana’s pregnancy-associated mortality rate was 74.2 per 100,000 live births, according to a report from the Indiana Department of Health.
“If Senate Bill 1 goes through, we’re going to throw ourselves into irreversible spiral that we will be unable to control,” Niezgodski said.
SB3 suspends the state sales tax on utilities for six months and caps the state sales tax on gasoline at 29.5 cents for one year. Gov. Eric Holcomb had proposed a $225-per-taxpayer refund, but Indiana Republican Senate President Pro Tem Rodric Bray said the Senate preferred this plan.
More amendments to the bill could be debated by the full Senate on Thursday.
Bray said legislators were discussing details on abortion limits that they never faced before Roe v. Wade was overturned.
“We’re recognizing that this is pretty hard work,” Bray said. “We’re working in earnest to try and find a path forward, listening to everybody that’s out there.”
Elsewhere Tuesday, a South Carolina judge denied a request to temporarily block enforcement of that state’s six-week abortion ban. Planned Parenthood South Atlantic and other plaintiffs had asked the judge for an injunction while courts determine whether the law violates the state constitution’s rights to privacy and equal protection.
In Louisiana, a judge rejected a request from state officials to lift his order blocking a ban while they pursue an appeal. That means abortions remain accessible in Louisiana.
The Post-Tribune contributed to this report.
