Chelsea Schneider, and Stephanie Wang

IndyStar

The Indiana House voted Wednesday to send Gov. Mike Pence legislation that would make Indiana the second state to ban abortions sought because a fetus is diagnosed with Down syndrome or another disability.

The controversial and potentially unconstitutional restrictions also would prohibit abortions when they are sought based on the gender or race of a fetus.

The House passed the restrictions, contained in an expansive abortion-related bill, in a 60-40 vote.

House Bill 1337 advanced even after several female Republican lawmakers, who generally oppose abortion, asked the House to vote against the measure. They argued the bill didn’t follow the normal legislative process, was poorly written and wouldn’t reduce abortions in the state.

Rep. Cindy Kirchhofer, R-Beech Grove, recalled being a pregnant teenager and going to a Planned Parenthood clinic. Kirchhofer said she was thankful her boyfriend, who was against abortion, told her to keep the baby. Yet she said she couldn’t support the bill because she wasn't provided the opportunity to discuss the proposed abortion restrictions with her constituents.

“I feel this is government overreaching. We haven’t done a proper process to vet this. I feel that I’m determining whose life has more importance here,” Kirchhofer said.

The restrictions were added in the Senate to another bill dealing with the burial of fetal tissue, but the language didn’t go through the full legislative process in the House after a Republican committee chairman declined to give it a hearing. However, the bill’s author, Rep. Casey Cox, R-Fort Wayne, agreed with the Senate’s changes, setting the bill up for a final vote.

Indiana bill limits women's reasons for abortion

House Speaker Brian Bosma, who voted for the bill, said the majority of House Republicans were in favor of moving the proposal forward.

“I am strongly pro-life and understand the concerns of those both on the process and also the details of the Senate version. But as was stated here — if this can save a life, it was worth a vote,” said Bosma, R-Indianapolis.

Bosma said: “We’re not making a determination about women’s health. We’re trying to protect the rights of the unborn, who cannot speak for themselves.”

But Rep. Sean Eberhart, R-Shelbyville, said the measure is an example of why the General Assembly needs more women members.

“We just need to quit pretending we know what’s best for women and their health care needs,” Eberhart said.

State law currently prohibits most abortions after 20 weeks of pregnancy – making the state among the most restrictive in the nation. But restrictions contained in the bill could bar the procedure earlier in a woman’s pregnancy and could prompt a court challenge, critics say. States face restrictions in barring abortions before a fetus could survive outside of the womb.

Opponents have noted the U.S. Supreme Court has declined to consider overruling lower court decisions that found abortion restrictions earlier in a pregnancy were unconstitutional.

Supporters of the restrictions say they would protect fetuses against discrimination. Cox said the bill gives the “most vulnerable” a chance at life.

“For many of us, this is a human rights cause,” Cox said.

House Bill 1337 - Abortion

But opponents have questioned how the state could enforce a law based on a woman’s motives. A woman would face the restrictions if her “sole reason” for seeking an abortion was because of fetal gender or a diagnosis – or potential diagnosis – of a disability.

Even with the bill, a woman wouldn’t be required to give a reason for seeking an abortion. A woman also could still seek an abortion before 20 weeks of pregnancy if her baby is healthy, and she simply doesn’t want children.

A physician who performs an abortion could face disciplinary actions or civil liability for wrongful death if he or she knows the procedure is being done in violation of gender or fetal disability restrictions.

The bill also places restrictions on the handling of fetal tissue — a response to this summer’s controversial Planned Parenthood videos – and requires remains of aborted and miscarried fetuses to be interred or cremated.

Rep. Wendy McNamara, R-Mount Vernon, said voting against the bill didn’t make her less pro-life. McNamara said the bill needed a greater examination, and she wasn’t presented data to merit passing the restrictions.

“I don’t think the additions to this bill will end abortion,” McNamara said.

Last year, the House derailed abortion restrictions based on fetal gender and disability. But this year, the restrictions survived after House members were heavily lobbied by conservative groups, including Indiana Right to Life and Indiana Family Institute.

The bill now goes to Pence’s desk for his consideration. “As a strong supporter of the rights of the unborn, Governor Pence will give careful consideration to any bill that comes to his desk that defends the sanctity of human life,” a Pence spokeswoman said.

North Dakota is the only state to ban abortions sought because of a fetal abnormality.

Call IndyStar reporter Chelsea Schneider at (317) 444-6077. Follow her on Twitter: @indystarchelsea.