A court order in Indiana allows resumption 20 weeks after fertilization (or 22 weeks after the mother’s last menstrual period).
The abortion ban, Senate Bill 1, which was passed during a special session over the summer, took effect on September 15.
The special judge in the case, Judge Kelsey Hanlon, declined to issue a temporary restraining order pending a Monday hearing on the plaintiffs’ motion for a preliminary injunction on Sept. 15.
On Thursday, Hanlon granted the plaintiffs’ request for a preliminary injunction while their case continues.
SB 1 prohibits abortion with exceptions to save the woman’s life, to prevent any serious health risk to the woman and for fatal fetal anomalies, up to 20 weeks post-fertilization.
It also allows exceptions for some abortions if the pregnancy was the result of rape or adultery during the first 10 weeks after conception.
The law eliminates abortion clinics as state-licensed facilities and requires all abortions to be performed in a licensed hospital or ambulatory outpatient surgical center that is majority-owned by the licensed hospital.
SB 1 was passed by lawmakers in a special session in August, making Indiana the first state to adopt Roe v. Since Wade was overturned, legislation has passed banning this practice.
Plaintiffs argue that the abortion ban violates the right to privacy and equal opportunity protections of the Indiana Constitution.
They argue that the Indiana Constitution provides a right to privacy, which includes a woman’s right to determine whether to carry a pregnancy to term, while the judge’s order states that privacy No judicially enforceable right exists.
In his ruling, Hanlon wrote that “there is a reasonable possibility that decisions about family planning—including decisions to carry a pregnancy to term—are within the Constitution’s protections”. However, the judge disagreed with the plaintiffs that the ban violates the Constitution’s equal opportunity protections by discriminating against abortion providers.
The plaintiffs and litigants said in a joint statement that they are “grateful that the court has provided much-needed relief for patients, clients and providers, but this fight is far from over.”
“We knew this ban would cause irreparable harm to Hoosiers, and in just one week, it has done just that,” he said.
Plaintiffs in the lawsuit are abortion providers Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Whole Women’s Health Alliance, Women’s Med, Indiana gynecologist Dr. Amy Caldwell and nonprofit All-Options Inc. which runs a pregnancy resource center that includes an abortion fund.
This story has been updated with additional responses.