Planned Parenthood of Indiana and Kentucky, Inc. v. Commissioner of the Indiana State Department of Health, No. 17-3163 (7th Cir. 2018)Annotate this Case
In 2016, the Governor of Indiana signed into law HEA 1337, which created new provisions and amended others that regulate abortion procedures within Indiana. Planned Parenthood filed suit, seeking declaratory and injunctive relief from three parts of the law: the “Sex-Selective and Disability Abortion Ban,” Ind. Code 16-34-4, which prohibit a person from performing an abortion if the person knows the woman is seeking an abortion solely for one of the enumerated reasons (the nondiscrimination provisions); an added provision to the informed consent process, instructing those performing abortions to inform women of the non-discrimination provisions; and amendments to the provisions dealing with the disposal of aborted fetuses. The district court initially entered a preliminary injunction and later granted Planned Parenthood summary judgment. The Seventh Circuit affirmed. The non-discrimination provisions clearly violate well-established Supreme Court precedent holding that a woman may terminate her pregnancy prior to viability and that the state may not prohibit a woman from exercising that right for any reason. Because the non-discrimination provisions are unconstitutional, so is the provision that a woman must be informed of them. The amended fetal disposition provisions violate substantive due process because they have no rational relationship to a legitimate state interest.