An Indiana judge on Wednesday rejected a request to broaden the medical exception to the state’s near-total abortion ban, ruling against a lawsuit brought by Planned Parenthood and other abortion providers.
Judge Kelsey Hanlon of Monroe County Circuit Court recognized that the abortion ban, which includes an exception for “serious health risks” to the mother, places healthcare providers in a difficult position. They are forced to operate in a politically charged environment under the risk of criminal prosecution or the loss of their medical licenses. However, Judge Hanlon ruled that the plaintiffs did not sufficiently demonstrate that the exception violates women’s rights under Indiana’s constitution.
Planned Parenthood and other plaintiffs sought a court order to clarify that the medical exception should permit abortions when a health condition requiring treatment would endanger the fetus, cause debilitating symptoms during pregnancy, or potentially become life-threatening or cause lasting harm to the mother’s health. The plaintiffs argued that the current definition of “serious health risk” in the law—defined as a “serious risk of substantial and irreversible physical impairment of a major bodily function”—was too restrictive.
The plaintiffs expressed concerns that, without further clarification, doctors might delay treatment of dangerous medical conditions until they reach a deadly stage. Despite these arguments, Judge Hanlon ruled that the law does not mandate doctors to wait and allows them to use their “reasonable medical judgment” in such cases.
In response to the decision, Planned Parenthood and the other plaintiffs released a joint statement, stating, “Today’s decision means that pregnant Hoosiers’ lives will continue to be endangered by Indiana’s abortion ban. We are still considering all of our options.”
Indiana Attorney General Todd Rokita, a Republican, expressed support for the ruling, saying on X (formerly Twitter), “Indiana’s pro-life law is both reasonable and constitutional, and we’re pleased the Monroe County Circuit Court upheld it.”
This legal battle comes after Indiana’s Supreme Court ruled last year that the state constitution protects the right to an abortion when necessary to save the mother’s life or address serious health risks. The court had sent the case back to Judge Hanlon, who held a trial in May to assess the plaintiffs’ request to broaden the medical exception.
Indiana is one of more than 20 Republican-led states that have implemented abortion restrictions following the U.S. Supreme Court’s 2022 decision to overturn the constitutional right to abortion. Several of these state-level abortion bans have faced legal challenges, and medical exceptions have become a contested issue in courts across the country. In June, the Texas Supreme Court ruled against a lawsuit seeking to expand its state’s medical exception. Meanwhile, the U.S. Supreme Court allowed emergency abortions in Idaho hospitals to continue as litigation on the issue moves forward.
At least nine states are set to vote on ballot measures regarding abortion rights in the upcoming Nov. 5 election.