Chelsea Schneider, and Tony Cook

IndyStar

The General Assembly is poised to give final consideration to controversial and potentially unconstitutional abortion restrictions that would prohibit the procedure when it is sought due to the gender or disability of a fetus.

The Indiana Senate advanced the proposal by a 37-13 vote Tuesday after adding the restrictions to House Bill 1337, which deals with other fetal-related issues. The fate of the measure now lies with its author, state Rep. Casey Cox, R-Fort Wayne.

Last year, the House scuttled a similar effort to ban abortions sought due to the gender or disability of a fetus. If Cox agrees with the Senate’s additions to his bill, it would set the proposed restrictions up for a vote by the House – the final action to determine if the proposal would advance to Gov. Mike Pence’s desk.

Cox said he agrees with the abortion restrictions.

“I support it,” Cox said. “When you think about it in the context of protecting the most vulnerable, it really furthers the pro-life cause in my view.”

Indiana currently restricts most abortions after 20 weeks of pregnancy. But the bill would restrict the procedure earlier in a woman’s pregnancy if her sole reason is because of the gender, race, color, national origin or ancestry of the fetus. The restrictions also would cover a woman seeking to end her pregnancy because the fetus was diagnosed, or potentially diagnosed, with Down syndrome or another disability.

However, Cox said Tuesday he hasn’t decided whether to concur with the Senate’s version because he needs to have more conversations with House members. If he doesn’t concur, it would set the bill up for further negotiations in a House-Senate conference committee.

The bill also requires aborted and miscarried fetuses to be interred or cremated. It also works to restrict the use of fetal tissue after this summer’s controversy over undercover videos of Planned Parenthood employees discussing fetal organ donations.

Another measure that would restrict abortions once a fetal heartbeat is detected stalled earlier in the legislative session. That measure would have restricted abortions as early as six weeks of pregnancy.

Any proposal to further restrict abortions likely would receive warm reception by Pence, a social conservative.

“As a strong supporter of the rights of the unborn, Gov. Pence will give careful consideration to any bill that comes to his desk that defends the sanctity of human life," according to Pence spokeswoman Kara Brooks.

Opponents of the proposed restrictions say they trounce on women’s rights.

Sen. Greg Taylor, D-Indianapolis, said the legislature shouldn’t go forward with bills that “make no sense.”

The bill defines a disability as a “defect or disorder that is genetically inherited,” and includes a wide-range of conditions including physical, mental and intellectual disabilities. A potential diagnosis refers to the presence of “risk factors” that are signs a health problem could occur. Opponents of the bill say the language is broad and could refer to the age of a pregnant woman.

“Every fetus has a potential diagnosis of disability,” said Sen. Mark Stoops, a Bloomington Democrat.

The bill does not prohibit a woman from seeking an abortion before 20 weeks of pregnancy for other reasons – a distinction lawmakers on both sides of the issue pointed out Tuesday.

“If you didn’t want a baby anyway to start with, this doesn’t stop you from having an abortion for anything under 20 weeks,” Sen. Michael Young, R-Indianapolis, said.

Opponents of the bill have argued the proposed restrictions are unconstitutional. They’ve noted the U.S. Supreme Court has declined to consider overruling lower court decisions that found abortion restrictions early in a pregnancy were unconstitutional. States face restrictions in banning abortions before a fetus could survive outside the womb.

Under the legislation, 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.

A woman could still receive an abortion if her fetus is diagnosed with a “lethal fetal anomaly,” which means a baby would not live more than three months after being born. The bill also requires that women receive information regarding perinatal hospice care.

Among other penalties set by the bill, a person who intentionally acquires, receives, sells or transfers fetal tissue would face a Level 5 felony. The bill also makes it illegal for a person to change the timing or method of an abortion to collect fetal tissue.

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