INDIANAPOLIS — A federal court judge has ruled that Indiana is prohibited from enforcing a portion of its state code that declares entities cannot provide minors assistance in pursuing out-of-state alternatives for obtaining an abortion.
According to a ruling that was filed on Wednesday in the Indianapolis division of the United States District Court for the Southern District of Indiana, Judge Sarah Evans Barker ruled that the state of Indiana and the Indiana State Department of Health is enjoined from enforcing Indiana Code Section 16-34-2-4.2(c).
The ruling states that Indiana cannot prevent physicians from disseminating information to minors “regarding legal abortion practices and abortion care providers in states other than Indiana and from providing referrals to and contacting out-of-state abortion providers on behalf of their minor patients.”
This comes after Planned Parenthood of the Great Northwest and the Hawaiian Islands filed a federal lawsuit, seeking a judgment that made a 2017 preliminary injunction, a decision that initially prevented the enforcement of the state’s “aid-or-assist statute,” permanent.
According to Indiana Code Section 16-34-2-4.2, the state says that aiding an “unemancipated pregnant minor in obtaining an abortion without consent of (a) parent or legal guardian or custodian (is) prohibited.” Under subsection C of that code, the state says:
“A person may not knowingly or intentionally aid or assist an unemancipated pregnant minor in obtaining an abortion without the consent required by section 4 of this chapter.”
According to court documents, Planned Parenthood argued that the statute, if enforced, is “content-based regulation of pure speech… (that) violates their First Amendment free speech rights.”
When the organization is unable to complete an abortion, the documents said that employees and physicians let the minor clients know of options to receive the procedure in other states, providing them information through websites, specific contacts to providers as well as the ability to contact the provider themselves on the minor’s behalf.
“It is not a crime for an unemancipated pregnant minor to travel outside of Indiana to receive abortion care that is lawful in that state,” the documents read. “Thus, prohibiting (Planned Parenthood) and its physicians from disseminating to unemancipated pregnant minors who have not complied with Indiana’s parental consent requirements truthful information about less-restrictive abortion practices in other states and/or providing referrals to medical providers outside Indiana for abortion services lawful in such states does not further any interest Indiana may have in investigating criminal conduct within its borders.”
The state argues the statute is “directed at controlling conduct, not speech.” If it regulates speech, the documents said it is limited only to speech “that plays ‘an integral part in the violation of a valid criminal statute,’ to wit, Indiana’s parental-consent requirement.”
In the ruling, Barker said the dissemination of accurate information regarding options for a minor’s reproductive care is “several steps removed from performing an abortion without parental consent.”
Barker said the statute prevents Planned Parenthood and its physicians from speaking about all out-of-state options, even to minors who do have parental consent for the procedure.
“The State has not articulated any specific psychological or physical harm to minors that is caused by the mere dissemination of truthful information concerning lawful reproductive healthcare options and the medical providers who provide such services,” Barker said, “particularly given that such information is readily and widely available to any member of the public via a simple internet search.”
In a statement from Indiana Right To Life, officials said that Barker’s ruling is “an outrage.” The statement reads that the ruling undercuts parental rights and endangers young girls.
“This ruling places young girls at risk of predatory abortion providers, coerced abortions and abortions without informed consent,” the statement read. “It also opens the door for Indiana abortion providers to sell abortions to young girls across state borders – all without parents knowing. We anticipate and applaud an appeal by Indiana Attorney General Todd Rokita.”
In a statement from Gavin Rose, the senior staff attorney for the ACLU of Indiana, he said:
“Given Indiana’s near-total ban on abortions in the state, it is extremely important that medical providers and other persons retain the ability to inform patients, including minors, of their out-of-state options for receiving this vital health care. We are grateful that the Court recognized that this right is one that is protected by fundamental free-speech principles.”
Rebecca Gibron, the chief executive officer of Planned Parenthood of the Great Northwest, Hawai’i, Alaska, Indiana and Kentucky, also provided a statement regarding this ruling, stressing that young people deserve full access to reproductive health care.
“Politicians attempting to block critical information that prevents minors from accessing care across state lines while abortion services are almost completely banned is beyond extreme; it’s cruel and inhumane,” she said in the statement. “State laws mandating parental consent are unethical and harmful to the safety and well-being of young people, specifically those subject to unsupportive and abusive situations at home. They create obstacles to timely care and force young people to incur additional costs to obtain care or forego care altogether. Planned Parenthood is grateful for any progress in removing barriers to essential care for all Hoosiers.”
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