Planned Parenthood of Indiana and Kentucky v. Commissioner of Indiana State Department of Health (2016)


The American Civil Liberties Union of Indiana filed a lawsuit in federal court in Indiana on behalf of Planned Parenthood of Indiana and Kentucky (PPINK), as well as two abortion providers, challenging HB 1337.

HB 1337 prohibits abortions, even if in the first trimester, if the sole reason for the abortion is the fetus’s race, color, national origin, ancestry, sex, or diagnosis of a statutorily defined “disability” or “potential diagnosis” of a “disability” (the anti-discrimination provision.) The law requires that women be informed of this prohibition as part of Indiana’s mandated “informed consent” process (the information dissemination provision). The law further provides that an abortion clinic or health care facility must bury or cremate fetal tissue after an abortion (fetal tissue disposition provision).

Plaintiffs claim that the law imposes an undue burden on a woman’s right to choose, that the the law violates due process and equal protection under the Fourteenth Amendment, and that it infringes upon the First Amendment right of free speech.

STATUS

On June 30, 2016, U.S. District Court Judge Tanya Walton Pratt blocked the anti-discrimination provision, the information dissemination provision, and the fetal disposition provision.

On March 31, 2017, Judge Pratt blocked the ultrasound provision of the law.

On September 22, 2017, Judge Pratt granted PPINK’s motion for summary judgment and entered a permanent injunction declaring the anti-discrimination and the fetal tissue disposition provisions of the law unconstitutional.

On April 19, 2018 the Seventh Circuit Court of Appeals affirmed the district court’s order blocking the anti-discrimination provision, the information dissemination provision, and the fetal tissue disposition provisions unconstitutional.

KEY DOCUMENTS

**last updated April 24, 2018


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