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Indiana passes near-total abortion ban, the first state to do so post-Roe

The Washington Post logo The Washington Post 8/6/2022 Amy Cheng
Abortion rights demonstrators protest outside the Senate chambers shortly before the vote to accept Senate Bill 1 which was passed by the house earlier in the day, making the Indiana legislature the first in the nation to restrict abortions, in Indianapolis, Indiana, U.S. August 5, 2022. © Cheney Orr/Reuters Abortion rights demonstrators protest outside the Senate chambers shortly before the vote to accept Senate Bill 1 which was passed by the house earlier in the day, making the Indiana legislature the first in the nation to restrict abortions, in Indianapolis, Indiana, U.S. August 5, 2022.

Indiana became the first state in the country after the fall of Roe v. Wade to pass sweeping limits on abortion access, after Gov. Eric Holcomb (R) signed into law Friday a bill that constitutes a near-total ban 0n the procedure.

The Republican-dominated state Senate approved the legislation 28-19 Friday in a vote that came just hours after it passed Indiana’s lower chamber. The bill, which will go into effect Sept. 15, only allows abortion in cases of rape, incest, lethal fetal abnormality or when the procedure is necessary to prevent severe health risks or death.

Supporters of abortion rights crowded into the corridors of the Indiana Statehouse throughout the day as lawmakers cast their votes, some holding signs that read “You can only ban safe abortions” and “Abortion is health care.” Moments after the vote, some protesters hugged and others stood stunned before the crowd broke out into chants of “We will not stop.”

‘Not her body, not her choice:' Indiana lawmakers on abortion ban

In a statement released after signing the bill, Holcomb said he had “stated clearly” following the fall of Roe that he would be willing to support antiabortion legislation. He also highlighted the “carefully negotiated” exceptions in the law, which he said address “some of the unthinkable circumstances a woman or unborn child might face.”

Before settling on the exceptions, Republican legislators disagreed on how far the law should go, with some GOP members siding with Democrats in demanding that abortion be legal in cases of rape and incest.

The vote followed days of testimony from citizens and a debate that grew heated at times. “Sir, I am not a murderer," Rep. Renee Pack (D) said in the chamber after Rep. John Jacob (R), a staunch abortion opponent who wanted exceptions for rape removed, described the procedure as murder.

Abortion is now banned in these states. See where laws have changed.

Abortion rights organizations quickly rebuked Friday’s decision. Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, said the vote “was cruel and will prove devastating for pregnant people and their families in Indiana and across the whole region.” “Hoosiers didn’t want this,” Johnson said.

Abortion rights protesters outside the Senate chambers in Indiana on August 5, 2022. © Cheney Orr/Reuters Abortion rights protesters outside the Senate chambers in Indiana on August 5, 2022.

Video: Indiana passes abortion ban (CBS Chicago)

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In a statement, antiabortion group Indiana Right to Life opposed the exceptions, and said the new law did not go far enough in cutting abortion access.

The push by Indiana Republicans to restrict abortion access stands in stark contrast with the overwhelming support for it by voters in Kansas, where an attempt to strip away abortion protections was voted down this week in another traditionally conservative state. That victory is likely to boost the Democratic Party’s hope that the Supreme Court’s decision to strike down Roe v. Wade will energize voters ahead of the midterm elections.

In Indiana, Democratic legislators described the Kansas vote as a warning to their Republican colleagues to consider the potential fallout from voters.

Kansans resoundingly reject amendment aimed at restricting abortion rights

Unlike many of its predominantly conservative neighboring states in the Midwest, Indiana did not have a “trigger law” on the books that would immediately prohibit abortion when Roe was overturned. Because the procedure had been legal in the state up to 22 weeks, Indiana became the destination for many seeking to terminate their pregnancies.

Cutting off this “critical access point” may force people to travel “hundreds of miles or carry pregnancies against their will,” the American Civil Liberties Union said.

Anti-abortion demonstrators inside the Indiana Statehouse on August 2, 2022. © Cheney Orr/Reuters Anti-abortion demonstrators inside the Indiana Statehouse on August 2, 2022.

Most recently, a 10-year-old girl rape victim had to travel to Indianapolis for an abortion after she was denied one in her home state of Ohio. The case prompted outrage among abortion rights proponents, was criticized by President Biden and drew international attention.

The OB/GYN who provided the care, Dr. Caitlin Bernard, has faced threats and harassment. Her legal team is looking into filing a defamation suit against Indiana’s attorney general, whose office is investigating how the abortion case was handled.

Kim Bellware and Ellen Francis contributed to this report.

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