Indiana made history this August when its legislature became the first in the nation to address abortion policy following the Supreme Court’s reversal of Roe v. Wade. Unlike many other pro-life states, Indiana did not have a trigger clause, because of concerns that such a clause would violate Indiana’s constitution. While some states had pre-Roe abortion laws still on the books, Indiana’s law prohibiting abortion was officially repealed by the Indiana legislature in 1977. This left a post-Roe special session as Indiana’s best option for tackling abortion policy with the highest probability of success in the courts.
The result of Indiana’s special session was two bills: SB1 and the oft-ignored SB2, both of which passed by overwhelming majorities before receiving the signature of Governor Eric Holcomb. With a projected outcome of ending at least 95 percent of abortions in the Hoosier State, SB1 is the largest stride forward in pro-life legislation in Indiana since 1973. The law eliminates abortion clinics in Indiana but allows some abortions, under limited circumstances, to occur at hospitals or hospital-owned surgical centers. Exceptions remain for protecting the life of the pregnant mother, pregnancy resulting from rape or incest (limited to ten weeks), and lethal fetal anomalies (limited to 20 weeks). The law also requires the Indiana Medical Licensing Board to revoke the license of any physician who violates it.
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