Constitutionality of Indiana abortion laws challenged in new lawsuit

Show Caption Hide Caption Roe v. Wade in 90 seconds Roe v. Wade and its impact on abortion is in the headlines frequently. Here's a quick summary of what it is.

Two health care providers and an abortion provider filed a lawsuit against the state Thursday challenging the constitutionality of Indiana's abortion laws.

In the suit, filed in U.S. District Court for the Southern District of Indiana, Whole Woman's Health Alliance, All-Options Inc. and Dr. Jeffrey Glazer say the state's laws restrict a woman's access to abortions and single out providers and are therefore unconstitutional.

"Indiana’s laws have severely limited the availability and accessibility of abortion care, driven up the costs of providing and receiving abortion care, and made providing and receiving abortion care more and more difficult, sometimes prohibitively so," the lawsuit says.

Abortion opponents say Indiana's laws protect women's health.

A spokesman for Indiana Attorney General Curtis Hill, Bill McCleery, said the office is reviewing the suit "as we prepare to defend Indiana’s laws respecting fetal life and protecting women’s health and safety."

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Specifically, the lawsuit challenges five categories of laws, characterized in the lawsuit as those involving targeted regulation of abortion providers; laws that deny patients "the benefits of scientific progress"; mandatory disclosure and waiting period laws; parental involvement laws; and laws enforcing criminal penalties.

Within those categories, the lawsuit argues against a number of Indiana laws, including provisions that:

Prohibit licensed clinicians who are not physicians from performing an abortion.

Require specific licensing for facilities in which the abortions are performed.

Prevent abortion clinics from using telemedicine to prescribe medication.

Require parental consent and in some cases would allow for parental notification of minors seeking an abortion.

"The Constitution prohibits states from imposing any burden on a person seeking abortion care that is not justified by a proportional benefit, regardless of whether the burden ultimately prevents her from ending her pregnancy," the organizations argue in the suit. "States cannot heap burdens on people seeking abortion care without valid reason. The desire to punish or stigmatize people for their reproductive choices is not a valid reason under the Constitution."

WWHA, which has clinics in Virginia and Texas, seeks to open a clinic in South Bend but was denied a license to operate such a clinic due to its lack of "reputable and responsible character," according to the lawsuit.

All-Options, which has a location in Bloomington, said in the suit its organization provides financial assistance and guidance to those seeking an abortion and helps them connect with providers.

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Shelly Dodson, director of All-Options Pregnancy Resource Center, said it was important to stand up in defense of the rights of the people the center represents.

"We hope that there is a more compassionate and just Indiana, so we're working to really build an Indiana where all Hoosiers can thrive," she said. "And that starts by really honoring our neighbors' experiences with pregnancy, parenting abortion and adoption and providing them with the support and resources they need to build the futures they envision for themselves and their families, which is what needs to happen when we strike down these laws."

Dodson said the current laws place undue financial burden on residents and sometimes require them to travel out of state for the procedure, adding to the cost and length of the process.

"We see that the brunt of Indiana's anti-abortion laws really disproportionately impact Hoosiers who already face significant barriers to accessing the health care they need and deserve," she said. "That includes low-income people, communities of color, immigrants or trans folks, and our legislators are more concerned with pushing their anti-abortion agenda than actually supporting families who are struggling to make ends meet."

Mike Fichter, president and CEO of Indiana Right to Life, said in a written statement that the organization was not surprised by the suit.

"The abortion industry has never found an abortion law it likes, even when the laws protect women's health and safety," he said.

Fichter said he believes the lawsuit is part of WWHA's mission to dismantle abortion laws across the country in the wake of its 2015 Supreme Court victory in Whole Woman's Health Alliance v. Hellerstedt, which struck down two Texas laws stipulating facility requirements and an abortion provider's privileges at local hospitals.

"Indiana is ground zero in the fight to protect women and unborn children," Fichter said. "We are confident Indiana's elected officials will remain steadfast in their defense of women and children and swiftly and strongly fight WWHA's lawsuit."

On Wednesday, Indiana Right to Life filed nearly 50 complaints against abortion clinics with state regulators, alleging those providers were improperly reporting procedures performed on girls under the age of 16.

Thursday's suit joins a spate of others filed in recent years to challenge the constitutionality of some of the state's abortion laws, some of which have been characterized as being among the strictest in the country.

Gov. Eric Holcomb in March signed a bill requiring annual inspections of abortion clinics and requiring doctors to report abortion complications, even if they do not work at an abortion clinic.

Opponents of the measure said at the time that the law placed undue stress on abortion providers and was an attempt to restrict access. Planned Parenthood of Indiana and Kentucky filed a suit challenging that law in April.

Also in April, the 7th Circuit Court of Appeals affirmed a district court ruling striking down House Enrolled Act 1337, signed by then-Gov. Mike Pence in 2016.

The law included a host of "non-discrimination provisions," including prohibiting an abortion sought because a fetus had been diagnosed with a disability. Planned Parenthood also challenged that law shortly after it was signed.

Call IndyStar reporter Holly Hays at 317-444-6156. Follow her on Twitter: @hollyvhays.