News Abortion

Smaller Government? Not With Indiana’s New Nonsense Paperwork Requirement for Abortion Care

Robin Marty

Now you, too, can walk away from your appointment with lots of unnecessary paper and material.

The state of Kansas may have a lot of unnecessary, unneeded, and even inaccurate information as part of their Orwellian “Women’s Right to Know” effort to curtail access to safe abortion care, but Indiana plans to go even one step further. They want to pass a bill requiring all the information be printed out and physically provided to the women seeking pregnancy terminations.

Via the Indiana Courier-Journal:

Sen. Dennis Kruse, R-Auburn, and Sen. Jim Banks, R-Columbia City, authored Senate Bill 101. The printed packet, titled “A Woman’s Right to Know,” would include detailed color photos showing the development of fetuses at two-week intervals and information regarding adoption. The packet also would explain the risks of aborting the pregnancy versus the risks of carrying it to term.

The bill is based on a similar policy put in place by the Texas Department of State Health Services in 2003.

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In recent years, Indiana lawmakers approved a measure to require the state health department to post similar information online. But Banks said this information would have a stronger impact if women held a printed copy in hand.

“Being pro-life, I would hope that this bill would help to reduce the number of abortions in Indiana, but there’s so much more significance to it than that, like providing this information to women,” Banks said.

During the upcoming session, Banks said, he wants to overcome problems with funding that had occurred in similar legislation. He also wants to strengthen the language in the packet compared with the language in the information available online.

A website, such as the ones created by Kansas and Arizona, could at least cut down on the costs of the law (not to mention the environmental impact of printing). But Indiana Right to Life told the Courier-Journal that they were concerned that women were leaving appointments without papers to look at, and that this would make it on par with other medical procedures.

Perhaps that means that Indiana Right to Life would be willing to foot the bill for the extra costs? According to Indiana’s Legislative Service Agency, it could cost the Department of Health up to $20,000 to print up materials to comply with the new law. That’s a lot of money for a group of lawmakers who claim they want smaller government.

Analysis Economic Justice

New Pennsylvania Bill Is Just One Step Toward Helping Survivors of Economic Abuse

Annamarya Scaccia

The legislation would allow victims of domestic violence, sexual assault, and stalking to terminate their lease early or request locks be changed if they have "a reasonable fear" that they will continue to be harmed while living in their unit.

Domestic violence survivors often face a number of barriers that prevent them from leaving abusive situations. But a new bill awaiting action in the Pennsylvania legislature would let survivors in the state break their rental lease without financial repercussions—potentially allowing them to avoid penalties to their credit and rental history that could make getting back on their feet more challenging. Still, the bill is just one of several policy improvements necessary to help survivors escape abusive situations.

Right now in Pennsylvania, landlords can take action against survivors who break their lease as a means of escape. That could mean a lien against the survivor or an eviction on their credit report. The legislation, HB 1051, introduced by Rep. Madeleine Dean (D-Montgomery County), would allow victims of domestic violence, sexual assault, and stalking to terminate their lease early or request locks be changed if they have “a reasonable fear” that they will continue to be harmed while living in their unit. The bipartisan bill, which would amend the state’s Landlord and Tenant Act, requires survivors to give at least 30 days’ notice of their intent to be released from the lease.

Research shows survivors often return to or delay leaving abusive relationships because they either can’t afford to live independently or have little to no access to financial resources. In fact, a significant portion of homeless women have cited domestic violence as the leading cause of homelessness.

“As a society, we get mad at survivors when they don’t leave,” Kim Pentico, economic justice program director of the National Network to End Domestic Violence (NNEDV), told Rewire. “You know what, her name’s on this lease … That’s going to impact her ability to get and stay safe elsewhere.”

“This is one less thing that’s going to follow her in a negative way,” she added.

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Pennsylvania landlords have raised concerns about the law over liability and rights of other tenants, said Ellen Kramer, deputy director of program services at the Pennsylvania Coalition Against Domestic Violence, which submitted a letter in support of the bill to the state House of Representatives. Lawmakers have considered amendments to the bill—like requiring “proof of abuse” from the courts or a victim’s advocate—that would heed landlord demands while still attempting to protect survivors.

But when you ask a survivor to go to the police or hospital to obtain proof of abuse, “it may put her in a more dangerous position,” Kramer told Rewire, noting that concessions that benefit landlords shift the bill from being victim-centered.

“It’s a delicate balancing act,” she said.

The Urban Affairs Committee voted HB 1051 out of committee on May 17. The legislation was laid on the table on June 23, but has yet to come up for a floor vote. Whether the bill will move forward is uncertain, but proponents say that they have support at the highest levels of government in Pennsylvania.

“We have a strong advocate in Governor Wolf,” Kramer told Rewire.

Financial Abuse in Its Many Forms

Economic violence is a significant characteristic of domestic violence, advocates say. An abuser will often control finances in the home, forcing their victim to hand over their paycheck and not allow them access to bank accounts, credit cards, and other pecuniary resources. Many abusers will also forbid their partner from going to school or having a job. If the victim does work or is a student, the abuser may then harass them on campus or at their place of employment until they withdraw or quit—if they’re not fired.

Abusers may also rack up debt, ruin their partner’s credit score, and cancel lines of credit and insurance policies in order to exact power and control over their victim. Most offenders will also take money or property away from their partner without permission.

“Financial abuse is so multifaceted,” Pentico told Rewire.

Pentico relayed the story of one survivor whose abuser smashed her cell phone because it would put her in financial dire straits. As Pentico told it, the abuser stole her mobile phone, which was under a two-year contract, and broke it knowing that the victim could not afford a new handset. The survivor was then left with a choice of paying for a bill on a phone she could no longer use or not paying the bill at all and being turned into collections, which would jeopardize her ability to rent her own apartment or switch to a new carrier. “Things she can’t do because he smashed her smartphone,” Pentico said.

“Now the general public [could] see that as, ‘It’s a phone, get over it,'” she told Rewire. “Smashing that phone in a two-year contract has such ripple effects on her financial world and on her ability to get and stay safe.”

In fact, members of the public who have not experienced domestic abuse may overlook financial abuse or minimize it. A 2009 national poll from the Allstate Foundation—the philanthropic arm of the Illinois-based insurance company—revealed that nearly 70 percent of Americans do not associate financial abuse with domestic violence, even though it’s an all-too-common tactic among abusers: Economic violence happens in 98 percent of abusive relationships, according to the NNEDV.

Why people fail to make this connection can be attributed, in part, to the lack of legal remedy for financial abuse, said Carol Tracy, executive director of the Women’s Law Project, a public interest law center in Pennsylvania. A survivor can press criminal charges or seek a civil protection order when there’s physical abuse, but the country’s legal justice system has no equivalent for economic or emotional violence, whether the victim is married to their abuser or not, she said.

Some advocates, in lieu of recourse through the courts, have teamed up with foundations to give survivors individual tools to use in economically abusive situations. In 2005, the NNEDV partnered with the Allstate Foundation to develop a curriculum that would teach survivors about financial abuse and financial safety. Through the program, survivors are taught about financial safety planning including individual development accounts, IRA, microlending credit repair, and credit building services.

State coalitions can receive grant funding to develop or improve economic justice programs for survivors, as well as conduct economic empowerment and curriculum trainings with local domestic violence groups. In 2013—the most recent year for which data is available—the foundation awarded $1 million to state domestic violence coalitions in grants that ranged from $50,000 to $100,000 to help support their economic justice work.

So far, according to Pentico, the curriculum has performed “really great” among domestic violence coalitions and its clients. Survivors say they are better informed about economic justice and feel more empowered about their own skills and abilities, which has allowed them to make sounder financial decisions.

This, in turn, has allowed them to escape abuse and stay safe, she said.

“We for a long time chose to see money and finances as sort of this frivolous piece of the safety puzzle,” Pentico told Rewire. “It really is, for many, the piece of the puzzle.”

Public Policy as a Means of Economic Justice

Still, advocates say that public policy, particularly disparate workplace conditions, plays an enormous role in furthering financial abuse. The populations who are more likely to be victims of domestic violence—women, especially trans women and those of color—are also the groups more likely to be underemployed or unemployed. A 2015 LGBT Health & Human Services Network survey, for example, found that 28 percent of working-age transgender women were unemployed and out of school.

“That’s where [economic abuse] gets complicated,” Tracy told Rewire. “Some of it is the fault of the abuser, and some of it is the public policy failures that just don’t value women’s participation in the workforce.”

Victims working low-wage jobs often cannot save enough to leave an abusive situation, advocates say. What they do make goes toward paying bills, basic living needs, and their share of housing expenses—plus child-care costs if they have kids. In the end, they’re not left with much to live on—that is, if their abuser hasn’t taken away access to their own earnings.

“The ability to plan your future, the ability to get away from [abuse], that takes financial resources,” Tracy told Rewire. “It’s just so much harder when you don’t have them and when you’re frightened, and you’re frightened for yourself and your kids.”

Public labor policy can also inhibit a survivor’s ability to escape. This year, five states, Washington, D.C., and 24 jurisdictions will have passed or enacted paid sick leave legislation, according to A Better Balance, a family and work legal center in New York City. As of April, only one of those states—California—also passed a state paid family leave insurance law, which guarantees employees receive pay while on leave due to pregnancy, disability, or serious health issues. (New Jersey, Rhode Island, Washington, and New York have passed similar laws.) Without access to paid leave, Tracy said, survivors often cannot “exercise one’s rights” to file a civil protection order, attend court hearings, or access housing services or any other resource needed to escape violence.

Furthermore, only a handful of state laws protect workers from discrimination based on sex, sexual orientation, gender identity, and pregnancy or familial status (North Carolina, on the other hand, recently passed a draconian state law that permits wide-sweeping bias in public and the workplace). There is no specific federal law that protects LGBTQ workers, but the U.S. Employment Opportunity Commission has clarified that the Civil Rights Act of 1964 does prohibit discrimination based on gender identity and sexual orientation.

Still, that doesn’t necessarily translate into practice. For example, the National Center for Transgender Equality found that 26 percent of transgender people were let go or fired because of anti-trans bias, while 50 percent of transgender workers reported on-the-job harassment. Research shows transgender people are at a higher risk of being fired because of their trans identity, which would make it harder for them to leave an abusive relationship.

“When issues like that intersect with domestic violence, it’s devastating,” Tracy told Rewire. “Frequently it makes it harder, if not impossible, for [victims] to leave battering situations.”

For many survivors, their freedom from abuse also depends on access to public benefits. Programs like Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), the child and dependent care credit, and earned income tax credit give low-income survivors access to the money and resources needed to be on stable economic ground. One example: According to the Center on Budget and Policy Priorities, where a family of three has one full-time nonsalary worker earning $10 an hour, SNAP can increase their take-home income by up to 20 percent.

These programs are “hugely important” in helping lift survivors and their families out of poverty and offset the financial inequality they face, Pentico said.

“When we can put cash in their pocket, then they may have the ability to then put a deposit someplace or to buy a bus ticket to get to family,” she told Rewire.

But these programs are under constant attack by conservative lawmakers. In March, the House Republicans approved a 2017 budget plan that would all but gut SNAP by more than $150 million over the next ten years. (Steep cuts already imposed on the food assistance program have led to as many as one million unemployed adults losing their benefits over the course of this year.) The House GOP budget would also strip nearly $500 billion from other social safety net programs including TANF, child-care assistance, and the earned income tax credit.

By slashing spending and imposing severe restrictions on public benefits, politicians are guaranteeing domestic violence survivors will remain stuck in a cycle of poverty, advocates say. They will stay tethered to their abuser because they will be unable to have enough money to live independently.

“When women leave in the middle of the night with the clothes on their back, kids tucked under their arms, come into shelter, and have no access to finances or resources, I can almost guarantee you she’s going to return,” Pentico told Rewire. “She has to return because she can’t afford not to.”

By contrast, advocates say that improving a survivor’s economic security largely depends on a state’s willingness to remedy what they see as public policy failures. Raising the minimum wage, mandating equal pay, enacting paid leave laws, and prohibiting employment discrimination—laws that benefit the entire working class—will make it much less likely that a survivor will have to choose between homelessness and abuse.

States can also pass proactive policies like the bill proposed in Pennsylvania, to make it easier for survivors to leave abusive situations in the first place. Last year, California enacted a law that similarly allows abuse survivors to terminate their lease without getting a restraining order or filing a police report permanent. Virginia also put in place an early lease-termination law for domestic violence survivors in 2013.

A “more equitable distribution of wealth is what we need, what we’re talking about,” Tracy told Rewire.

As Pentico put it, “When we can give [a survivor] access to finances that help her get and stay safe for longer, her ability to protect herself and her children significantly increases.”

News Law and Policy

Federal Judge Blocks Fetal Anomaly Law From Going Into Effect in Indiana

Michelle D. Anderson

Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana granted a preliminary injunction against the law's final disposition and sex, race, and genetic anomalies ban on Thursday, just a day before the law was to take effect.

A federal judge has blocked several provisions of an omnibus anti-abortion law that would have placed restrictions on the circumstances under which a pregnant person could decide to terminate their pregnancy.

Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana granted a preliminary injunction against the law‘s final disposition and sex, race, and genetic anomalies ban on Thursday, just a day before the law was to take effect.

Planned Parenthood of Indiana and Kentucky worked with the American Civil Liberties Union of Indiana to file a lawsuit and request an injunction in April, according to a local ABC affiliate.

Under the provisions halted by the injunction, pregnant persons across the state would have been banned from aborting a fetus based on an abnormality or race or gender-related reasons, among others.

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The Indiana General Assembly passed the law, also known as House Enrolled Act 1337, in March. Indiana Gov. Mike Pence, a Republican, signed the act shortly thereafter that month.

A similar bill failed to pass in the Indiana legislature last year. The version Pence signed this spring included a mandatory ultrasound requirement, a provision targeting fetal tissue donation, and a measure requiring physicians to provide information about hospice care to a pregnant person “who is considering an abortion because the fetus has been diagnosed with a lethal anomaly,” as previously reported by Rewire.

Reproductive health groups have said the notion of race and sex-selection abortions are based on misinformation, and disability advocates have said that HEA 1337 promotes speculation among physicians and perpetuates false narratives about the disabled community.

In her concluding statement, Pratt cited Roe v. Wade and Planned Parenthood v. Casey and said that the Supreme Court has made it clear a state “may not prohibit any woman for making the ultimate decision to terminate her pregnancy before viability.”

She went on to say the law’s information dissemination provision was “likely unconstitutional” as it requires abortion providers to convey false information regarding anti-discrimination provisions to their patients.

John Zody, chairman of the Indiana Democratic Party, called HEA 1337 “a harmful piece of legislation” and noted that legislators from both parties had criticized the measure, in a statement on Thursday.

“Today’s ruling by a federal judge emphasizes just how out of touch Gov. Pence’s ideology is with everyday Hoosiers and the law. The governor’s political agenda has caused real harm to the state’s already sluggish economy while also putting our reputations in further jeopardy,” Zody said.

Indiana Right to Life panned Pratt’s decision and noted that she blocked provisions of an Indiana law that denied taxpayer funds to abortion businesses and required that pregnant people be informed about a fetus’ so-called ability to feel pain in 2011.

The notion of fetal pain, as promoted by Stanford University School of Medicine professor Dr. Kanwaljeet “Sunny” Anand, was debunked in an article published by the Journal of the American Medical Association in 2005.

The fetal anomaly law was among nine laws set to go into effect on Friday, according to the Indianapolis Star. One of the nine bills includes a law instituting new guidelines on police body and dashboard camera footage that will allow local police departments to decide whether it will release videos. Members of the public will be allowed to appeal a police department request for footage, according to the Star.