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Abortion bill appears to be headed to court

Posted at 6:50 PM, Mar 25, 2016
and last updated 2016-03-25 18:50:27-04

INDIANAPOLIS -- Indiana's controversial abortion bill appears to be headed to court already. 

Opponents are promising to sue to keep the new restrictions from ever taking effect. 

The ACLU is reviewing the law on behalf of Planned Parenthood. Legal director Ken Falk says the law has "serious constitutional flaws." Planned Parenthood "fully expects" to file a complaint, and a request for preliminary injunction. 

PREVIOUS | Gov. Pence signs controversial abortion bill | Indiana House passes controversial abortion bill

The goal is to block the new restrictions on abortion from taking effect. With the law, Indiana becomes the second state to ban abortions on the basis of fetal defects. It prohibits doctors from performing abortions if they know a pregnant woman is seeking the procedure solely on the basis of race, color, national origin, ancestry, or sex of the fetus, or a potential diagnosis of a disability. 

 "The U.S. Supreme Court made it quite clear the Constitution prohibits states from interfering with a woman's decision to have an abortion in the first trimester of her pregnancy, and this law attempts to interfere with that decision in many ways," Falk said. 

RTV6 reached out to the governor's office for comment on the planned legal challenge, but has not heard back. 

In a statement yesterday, Gov. Pence said: 

“Throughout my public career, I have stood for the sanctity of life. HEA 1337 is a comprehensive pro-life measure that affirms the value of all human life, which is why I signed it into law today.

“I believe that a society can be judged by how it deals with its most vulnerable—the aged, the infirm, the disabled and the unborn. HEA 1337 will ensure the dignified final treatment of the unborn and prohibits abortions that are based only on the unborn child's sex, race, color, national origin, ancestry, or disability, including Down syndrome.

“Some of my most precious moments as Governor have been with families of children with disabilities, especially those raising children with Down syndrome. These Hoosiers never fail to inspire me with their compassion and these special children never fail to move me with their love and joy.

“By enacting this legislation, we take an important step in protecting the unborn, while still providing an exception for the life of the mother. I sign this legislation with a prayer that God would continue to bless these precious children, mothers and families.”


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