NARAL Pro-Choice America

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State Constitutional Protection

The Indiana Constitution protects the right to choose as a fundamental right and to a greater extent than the U.S. Constitution.  The Indiana Supreme Court held that provisions in law prohibiting state medical assistance for abortion care in cases of women whose pregnancies create a serious risk of substantial and irreversible impairment of a major bodily function are unconstitutional so long as funding pays for abortion care in cases of life endangerment, rape, or incest.  Humphreys v. Clinic for Women, Inc., 796 N.E.2d 247 (Ind. 2003).  A similar restriction has been upheld by the U.S. Supreme Court under the U.S. Constitution.  Williams v. Zbaraz, 448 U.S. 358 (1980).

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