Legal Status Of Abortion In Indiana: Court Makes It Easier For Minors

A district court judge in Indiana issued a preliminary injunction against the state’s current abortion law that makes it tougher for minor girls to get abortions without parental consent, according to local newspaper IndyStar.

The current law mandates that minors must first seek the permission of their parents in order to get an abortion or should approach the courts to get the need for consent waived. Gov. Eric Holcomb, who signed the law April 25, had called the measure a “parental rights issue.” The Senate Enrolled Act 404 was set to take effect Saturday.

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However, Planned Parenthood of Indiana and Kentucky and the American Civil Liberties Union of Indiana sued the state of Indiana on May 18 over the new law, arguing that it created “an unconstitutional undue burden on unemancipated minors,” IndyStar reported. The complaint contended three provisions of the act violate the U.S. Constitution’s due process, equal protection provisions and the First Amendment. All three provisions were blocked by U.S. District Judge Sarah Evans Barker.

"When it comes to our children, while parents or others entrusted with their care and wellbeing have the lawful and moral obligation always to act in their best interests, children are not bereft of separate identities, interests, and legal standing,” Judge Barker said.

The earlier law also stated the judge was required to consider the request of the parents of the minor to be notified about her pregnancy and if she was making any efforts to get an abortion, apart from the decision on the abortion itself. This process was mandatory even in cases where the court found that the minor was mature enough to take an independent decision on getting an abortion. The suit filed against the state argued that the provisions revised Indiana’s parental consent process in a way that violated minor girls’ due process rights.

According to Fox59, another provision that the suit challenges is one that says physicians must follow a procedure to verify the “identity and relationship” between the minor and the adult providing consent. The plaintiffs argued this vague requirement subjected physicians to criminal liability and violated equal protection laws.

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Furthermore, a provision in the new law prevents anyone from aiding an unemancipated minor seeking an abortion. The suit argued this provision violated the First Amendment because it would prohibit Planned Parenthood of Indiana and Kentucky from suggesting to those minors to travel to other states to get an abortion.

Strking down portions of the law, Judge Barker wrote in her opinion that state intervention in these cases would affect the pregnant minor's integrity more than her parents' authority. She also said, “The State has not articulated the specific psychological harm to minors that is caused by the dissemination of truthful information concerning lawful abortion options, particularly given that such information is widely available to the public. Nor has the State presented evidence that prohibiting the mere dissemination of accurate facts about abortion services that are lawfully available to minors outside of Indiana will correspondingly promote family integrity or facilitate family communication.”