Indiana Judge Declines to Expand Medical Exception to Abortion Ban, Reports Reuters

By Brendan Pierson

An Indiana judge recently declined to expand the medical exception to the state’s nearly complete abortion ban, ruling against a lawsuit filed by Planned Parenthood and other abortion providers.

Judge Kelsey Hanlon of Monroe County Circuit Court recognized that the ban, which allows for exceptions only in cases of "serious health risk" to the mother, places healthcare providers in a difficult position where they must navigate a "politically charged environment" while facing the risk of criminal prosecution or loss of their licenses.

Despite these concerns, the judge stated that the plaintiffs failed to demonstrate that the current exception infringed upon women’s rights under the state constitution.

The plaintiffs sought a court order clarifying that the exception should allow abortions in cases where a health condition necessitates treatment that could jeopardize the fetus, causes severe symptoms during pregnancy, or presents a likely risk of becoming life-threatening or inflicting lasting damage on the mother’s health.

The law defines a serious health risk as one that poses "a serious risk of substantial and irreversible physical impairment of a major bodily function." The plaintiffs argued that this definition is overly restrictive and could lead doctors to delay treatment for serious medical issues until they escalate to life-threatening levels. However, Hanlon maintained that the existing exception does not require such delays and permits medical professionals to exercise their "reasonable medical judgment."

In response to the ruling, Planned Parenthood and its legal team expressed their concern, stating, "Today’s decision means that pregnant individuals in Indiana will continue to face endangerment due to the state’s abortion ban. We are currently evaluating our options."

Judge Hanlon, elected as a Republican, previously blocked Indiana’s abortion ban in 2022, citing violations of the right to personal autonomy under the state constitution. Indiana’s Attorney General Todd Rokita supported the ruling, asserting that the state’s pro-life law is both reasonable and constitutional.

Last year, the Indiana Supreme Court revived the law but recognized that the state constitution allows for abortion in cases that endanger the mother’s life or involve serious health risks. The court sent the matter back to Hanlon, who conducted a trial in May to consider the plaintiffs’ motion for a broader medical exception.

Indiana is among over 20 Republican-led states that have restricted or banned abortion following the U.S. Supreme Court’s 2022 decision that eliminated the longstanding constitutional right to abortion. Some of these laws have since faced challenges in court or been overturned through ballot measures.

In other states, similar lawsuits around medical exceptions have emerged. In June, the Texas Supreme Court ruled against efforts to expand and clarify the exception in that state, while the U.S. Supreme Court permitted emergency abortions to continue in Idaho, pending the outcome of related legal proceedings.

At least nine states are anticipated to hold votes on measures aimed at securing abortion rights in the upcoming election on November 5.