Abortion Ban

AFTER 12 WEEKS 

Indiana's unconstitutional and unenforceable criminal ban outlaws abortions performed as early as twelve weeks.  Indiana's ban is unconstitutional according to the U.S. Supreme Court's decision in Stenberg v. Carhart.  530 U.S. 914 (2000).  In Stenberg, the Court held that a similar ban, which lacked an exception to protect a woman's health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman's right to choose.  Indiana's unconstitutional and unenforceable ban makes the performance of any abortion procedure that falls within a broad definition a felony unless a physician reasonably believes that the procedure is necessary to preserve the woman's life and no other medical procedure will suffice.  Ind. Code Ann. §§ 16-18-2-267.5 (Enacted 1997), 16-34-2-1(b) (Original Statute Enacted 1973; Recodified 1993; Relevant Provision Enacted 1997), 16-34-2-7 (Original Statute Enacted 1973; Recodified 1993; Relevant Provision Enacted 1997). 

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.