INDIANAPOLIS, Indiana, July 1, 2016 (LifeSiteNews) — Women can abort their unborn children for having genetic abnormalities, a federal judge has ruled, blocking an Indiana law that would protect babies in utero afflicted with conditions such as Down syndrome.
Set to go into effect Friday, a preliminary injunction issued Thursday by U.S. District Court Judge Tanya Walton Pratt halts the law banning most abortions performed because of the unborn child’s sex or race or if the child has a disability.
“The United States Supreme Court has stated in categorical terms that a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,” Pratt’s decision stated, according to a Reuters report.
The Dignity for the Unborn law, or HEA 1337, was signed into law by Indiana Gov. Mike Pence in March. It has an exception for the life of the mother while also requiring the remains of aborted children to be buried or cremated —7 a response to a 2015 finding that abortion facilities were regularly sending the remains of aborted babies to landfills as biohazard waste.
Its passing made Indiana the second U.S. state behind North Dakota to prohibit abortions based on a disability diagnosis.
The American Civil Liberties Union (ACLU) sued the State of Indiana on behalf of Planned Parenthood of Indiana and Kentucky, arguing the law was unconstitutional and that women should be allowed to choose to abort a child “for any reason.”
ACLU of Indiana Legal Director Ken Falk praised Pratt’s decision allowing abortion to continue based upon race, gender, or disability.
“We are extremely pleased that Indiana's attempt to violate women's basic rights has been thwarted,” he said in a statement. “This law attempted to do exactly what Supreme Court precedent said could not be done: invade a woman's privacy rights by preventing her from deciding whether to obtain a pre-viability abortion.”
Pregnant mothers are often pressured to abort upon receiving a pre-natal diagnosis of Down syndrome or other disability, even though the tests can be wrong, and despite the fact that 99 percent of people diagnosed with Down syndrome who are allowed to be born say they are happy with their lives. An estimated 90 percent of all babies diagnosed with Down syndrome are aborted.
Pence vowed to continue his support for life, stating through a spokesperson, “While disappointed in today's ruling, Governor Pence remains steadfast in his support for the unborn, especially those with disabilities. The governor will continue to stand for the sanctity of human life in all stages.”
While Pratt’s ruling blocked the ban on abortion based upon gender, race or disability, as well as the requirement to bury the remains of aborted children, certain provisions of the law remain in effect, detailed in a statement from Indiana Right to Life.
These include, among other things, a requirement to give the mother information from the Indiana Department of Health (ISDH) about perinatal hospice care if her unborn child has been diagnosed with a lethal fetal anomaly.
Also in force as of July 1 is an update to Indiana’s admitting privileges law, mandating that the abortion provider document his or her admitting privileges with the ISDH annually, and that the ISDH notify all hospitals in the county or adjoining counties to the abortion facility of the abortion provider’s admitting privileges in case of an emergency.
Another part of the law that is also currently not being enforced, though because of pending litigation, is the ban on the transporting, selling or acquiring of fetal tissue for any reason other than disposal. Indiana University has sued to continue using aborted fetal remains for experiments.
“Until all of the Dignity for the Unborn law is shown as constitutional, we are thankful that some key provisions of the law will still go into effect,” Indiana Right to Life President and CEO Mike Fichter said.
The State of Indiana’s lawyers are reviewing Thursday’s ruling, Attorney General Greg Zoeller’s office said in a statement, and will decide whether to appeal to the U.S. 7th Circuit Court of Appeals.