Indiana GOP Gov. Eric Holcomb signed into law a near total abortion ban in the state, with only very limited exceptions for rape or incest, making the Hoosier State the ninth state to put such an effectively complete ban on the healthcare procedure into effect on September 30.
Indiana lawmakers passed and the governor signed a near-total ban on abortion on Friday, overcoming division among Republicans and protests from Democrats to become the first state to draw up and approve sweeping new limits on the procedure since Roe v. Wade was struck down in June.
The law’s passage came just three days after voters in Kansas, another conservative Midwestern state, overwhelmingly rejected an amendment that would have stripped abortion rights protections from their State Constitution, a result seen nationally as a sign of unease with abortion bans. And it came despite some Indiana Republicans opposing the measure for going too far, and others voting no because of its exceptions.
The end of Roe was the culmination of decades of work by conservatives, opening the door for states to severely restrict abortion or ban it entirely. Some states prepared in advance with abortion bans that were triggered by the fall of Roe. Lawmakers in other conservative states said they would consider more restrictions.
But, at least in the first weeks since that decision, Republicans have moved slowly and have struggled to speak with a unified voice on what comes next. Lawmakers in South Carolina and West Virginia have weighed but taken no final action on proposed bans. Officials in Iowa, Florida, Nebraska and other conservative states have so far not taken legislative action. And especially in the last few weeks, some Republican politicians have recalibrated their messaging on the issue.
“West Virginia tried it, and they stepped back from the ledge. Kansas tried it, and the voters resoundingly rejected it,” State Representative Justin Moed, a Democrat from Indianapolis, said on the House floor before voting against the bill. “Why is that? Because up until now it has just been a theory. It was easy for people to say they were pro-life. It was easy to see things so black and white. But now, that theory has become reality, and the consequences of the views are more real.”
The Indiana bill — which bans abortion from conception except in some cases of rape, incest, fatal fetal abnormality or when the pregnant woman faces risk of death or certain severe health risks — was signed into law within minutes of its final passage late Friday night by Gov. Eric Holcomb, a Republican who had encouraged legislators to consider new abortion limits during a special session that he called.
“These actions followed long days of hearings filled with sobering and personal testimony from citizens and elected representatives on this emotional and complex topic,” Mr. Holcomb said in a statement. “Ultimately, those voices shaped and informed the final contents of the legislation and its carefully negotiated exceptions to address some of the unthinkable circumstances a woman or unborn child might face.”
Beyond those limited exceptions, the new law will end legal abortion in Indiana next month. The procedure is currently allowed at up to 22 weeks of pregnancy. Some Republicans have indicated that they expect the law to be challenged in court.
“If this isn’t a government issue — protecting life — I don’t know what is,” said Representative John Young, a Republican who supported the measure. He added: “I know the exceptions are not enough for some and too much for others, but it’s a good balance.”
The law’s passage came after two weeks of emotional testimony and bitter debates in the Statehouse. Even though Republicans hold commanding majorities in both chambers, the bill’s fate did not always seem secure. When a Senate committee considered an initial version of the bill last week, no one showed up to testify in support of it: The American Civil Liberties Union of Indiana called it a “cruel, dangerous bill,” Indiana Right to Life described it as “weak and troubling,” and a parade of residents with differing views on abortion all urged lawmakers to reject it.
The debate was supercharged by the case of a 10-year-old Ohio girl who had traveled to Indiana for an abortion after she was raped. The abortion provider in that case, Dr. Caitlin Bernard, became a target of some on the right.
Abortion rights protesters were a regular presence at the Statehouse during the session, sometimes chanting “Let us vote!” or “Church and state!” so loudly from the hallway that it could be difficult to hear lawmakers. Several Democrats invoked the vote in Kansas, in which 59 percent of voters decided to preserve abortion rights, as an example of the political risk Republicans were taking. Democrats suggested putting the issue to a nonbinding statewide vote in Indiana, which Republicans rejected.
“Judging by the results I saw in Kansas the other day,” said Representative Phil GiaQuinta, a Democrat who opposed the Indiana bill, “independents, Democrats and Republicans by their votes demonstrated what is most important to them, and me, and that is our personal freedoms and liberty.”
Todd Huston, the Republican speaker of the Indiana House, said he was pleased with the final version of the law. But asked about the protests in Indianapolis and the vote in Kansas, he acknowledged that many disagreed.
“We’ve talked about the fact that voters have an opportunity to vote, and if they’re displeased, they’ll have that opportunity both in November and in future years,” Mr. Huston said.
If you don't like the total abortion ban, vote them out!
Vote them out of a state legislature where anti-choice, women as property Republicans have a majority of state House seats with 20-point locks and another 15% with merely double digit margins, and the state Senate is even more gerrymandered.
Vote them out when Democrats would need to win by 18-22 points just to break even.
The only debate in a one-party fascist state like Indiana is how quickly the fascism happens in taking rights away from women, Black and brown folk, LGBTQ+ folk, the state's Jewish and Muslim populations, and more.
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