Indiana Circuit Court Declines to Broaden Exception to Dangerously Restrictive Abortion Ban

BLOOMINGTON, Ind. — More than one year after Indiana's criminal abortion ban took effect, an Indiana circuit court ruled against abortion providers and a pregnancy resource center and declined to broaden and clarify the scope of the ban’s narrow and ambiguous health and life exception despite ample evidence that it prevents Indiana physicians from providing critical abortion care to patients. The court also declined to block the requirement that any abortions provided under the ban’s limited exceptions take place in a hospital. This decision means that Hoosiers are left with dangerously limited options, even if they experience serious pregnancy complications.

Joint statement from Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, ACLU of Indiana, All-Options, the Lawyering Project:

"Today’s decision means that pregnant Hoosiers’ lives will continue to be endangered by Indiana’s abortion ban. Already, Hoosiers with serious health complications have been forced to endure unjustifiable suffering due to miscarriages, ectopic pregnancies, and other pregnancy-related issues or leave the state to access appropriate care. Hoosiers deserve better, and the Indiana Constitution demands better. We will continue to serve patients as best as possible and work towards a future where patients and their doctors can make decisions without politicians in their exam rooms.”

In its decision, the court acknowledged the challenge that the law poses to providing emergency abortion care, writing that physicians are “in the incredibly unenviable position of providing exigent obstetrical care in a politically charged environment and under a new statutory regime that includes potential criminal liability and license revocation.”

The legal challenge was brought by Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, All-Options, Inc, and Dr. Amy Caldwell and followed a 2023 Indiana Supreme Court ruling affirming that the Indiana Constitution protects the right to an abortion necessary to protect a patient from serious health risks. Plaintiffs are represented by lawyers from Planned Parenthood Federation of America, the Lawyering Project, the ACLU of Indiana, and WilmerHale.

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Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 35 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. PPGNHAIK is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.

Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With nearly 600 health centers nationwide, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

The ACLU of Indiana is the state’s guardian of liberty, working daily to defend and preserve the individual rights and liberties guaranteed by the Constitutions and laws of the United States and Indiana. Using education, advocacy, and litigation, we work to protect the rights of all and to extend rights to communities that have historically experienced injustice in the U.S., including Native Americans and other people of color, women, LGBTQ+ individuals, prisoners, people with disabilities, and the indigent. We are nonprofit and nonpartisan, and we never charge for our services. Member dues and contributions and grants from private foundations and individuals pay for the work we do.

The Lawyering Project uses the law to improve abortion access and uphold the rights and dignity of people seeking and providing abortion care. Our goal is a legal system that enables each of us to make decisions about intensely personal matters like sex, pregnancy, family, and health care based on our own beliefs and values—and ensures that we all have the resources we need to carry those decisions out.