Indiana Senate narrowly votes to ban most abortions. Bill heads to House.

Over the protests of most doctors, every major medical association, thousands of women that descended on the Statehouse this week and 10 of its own members, Republicans in the Indiana Senate narrowly voted Saturday to ban nearly all abortion in the state.

Saturday's vote puts Indiana on track to be one of the first states in the nation to pass new abortion restrictions after the Supreme Court struck down Roe v. Wade, the landmark case that had protected women's right to an abortion for 50 years.

A majority of Senate Republicans supported the controversial measure, despite concerns from some on the far right of the caucus that it doesn't go far enough to restrict abortion and concerns by more moderate Republicans that a zero-week ban is too strict.They voted to pass the bill with the fewest number of yes votes needed, 26-20, with no support from Democrats.

Republicans who voted against the measure were split. Some, like Sens. Kyle Walker and Veneta Becker, said the bill was too restrictive. Others, like Indianapolis Sen. Michael Young, voting against the measure because it didn't go far enough.

Sen. Jean Breaux, an Indianapolis Democrat, said the bill "feels very much like an attack on womanhood."

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"In the history of Indiana, this will be a bad day," Breaux said. "There are some in this chamber who rejoice about what we're doing today. I, however, bow my head in shame and sorrow and pray that this regressive and cruel policy fails to become law in Indiana."

While lawmakers debated the proposal for three hours, protesters just outside the chamber kept up a near-constant drumbeat of boos and chanting that occasionally drowned out senators at the microphone.

Di Harding, a 23-year-old Indianapolis resident, was among that group. Harding thought being there Saturday could make a difference.

"I think there was some small part in my brain this entire time that thought that there was a possibility that we could change some minds today," they said, "that thought there was a possibility that seeing the people, the faces of those they would discriminate against would do something to them, maybe stir something in their hearts."

After the vote, Harding was one of many protesters in tears.

"It wasn't shocking," they said, "but it was horrifying."

As passed, Senate Bill 1 bans all abortion except in cases of rape, incest or when the pregnant person's life is at risk. Exceptions for rape and incest only apply within the first 12 weeks for girls age 15 or younger and the first eight weeks for pregnant girls and women age 16 or older.

Earlier in the week, 18 Republicans voted in favor of stripping exceptions for rape and incest − an effort that ultimately failed. The Senate debated amendments to the bill for five hours Thursday, stretching past midnight, also defeating an effort supported by some moderate Republicans and Democrats to lengthen the number of weeks to legalize abortion to 20 in cases of rape and another that would have thrown the entire question of abortion to voters in a referendum.

Of the 18 who voted to remove the rape and incest exceptions, 12 supported the bill Saturday anyway. Several Republicans said they were voting in favor of the bill to keep it moving through the process, but hoped to see it improved in the House.

As the votes were tallied, protesters in and outside the chamber shouted "shame."

If the atmosphere outside the chamber was boiling over with rage, fury and disbelief − and it was; Young had to be escorted through the hallways as protesters shouted and chased after him − inside the chamber was icy tension. Even the sharp rap of Lt. Gov. Suzanne Crouch’s gavel couldn’t break it. In her role presiding over the Senate, Crouch reprimanded members of the public in the gallery for the rogue comment and occasional peal of sarcastic laughter. Senate rules would have the gallery stay silent.

The usual strictly-held decorum of the chamber has wilted this week as those lawmakers most firmly entrenched in their positions have struggled to bend even toward respectful disagreement. President Pro Tempore Rodric Bray, R-Martinsville, admitted after the vote that members were "chafing against one another" but chalked it up to working on "a very difficult bill."

Sen. Liz Brown, R-Fort Wayne, one of the chamber’s fiercest anti-abortion members, tossed papers onto her desk after a heated exchange with a colleague over votes on previous abortion-related legislation.

A few minutes later, Sen. Fady Qaddoura, a Democrat from Indianapolis, shouted questions at his colleagues on the other side of the aisle.

“What happened to the Republican Party that I appreciated and respected?” he said.

Nearly toppled by in-fighting, Senate Republicans now send the bill to the House, which is expected to take up the issue as soon as Monday.

Sen. Sue Glick, R-LaGrange, the bill's author, said she expects the bill to change in the House. During Saturday's debate, she encouraged senators to vote in favor of the bill to keep in moving through the legislative process.

When asked by a fellow lawmaker if she was happy with the bill, Glick said: "Not particularly."

Indiana Right to Life thinks bill is too weak

No one seems particularly happy with the bill. Indiana Right to Life issued a statement Friday, ahead of the vote, to say they oppose SB 1 because it doesn't go far enough to restrict abortion. The anti-abortion group is concerned about what it considers vague language allowing for an exception when a pregnant person's life is at risk could be "easily exploited to cover most abortions."

After Saturday's vote, the group said it hopes its concerns about broad exceptions will be fixed in the House.

While Indiana Right to Life opposes the bill because it doesn't go far enough, many medical associations have advocated to protect the right to access abortion as health care. Julie Reed, executive vice president of the Indiana State Medical Association, issued a statement Friday to oppose the bill and what sees as its detrimental impact on doctors and patients.

“Hoosier patients and their physicians deserve to be treated with dignity and respect," Reed said.

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Democrats question quick timetable

Democrats chided Glick, and her fellow Republicans, for moving so quickly to pass a bill without taking more time to discuss the issue.

Originally, the special session was called to address inflation and give Hoosier economic relief through a taxpayer refund. When Roe was overturned in late June, it was clear they would add abortion to the agenda. The special session, though, offers a limited timeframe for which lawmakers can craft and pass legislation.

Had they waited until the upcoming long legislation session, set to start in January, they could have worked on the bill over months. Instead, they're attempting to do so in about two weeks. Sen. Tim Lanane, D-Anderson, said he's concerned that legislators are caving to pressure from a few individuals with the most extreme views to pass something quickly.

"There's a feeling (among some) we've got to do something," he said. "We're not going to take the time to properly analyze what is it that most people in the state of Indiana really want, what makes sense... So I fear we are going to, really, pass a bad bill."

Democrats tried to make abortion ban less restrictive

Democrats attempted to soften the bill with amendments to lengthen the timeframe for women to get an abortion and provide exemptions for individuals with religious beliefs that allow for abortion. Those efforts failed.

Sen. Shelli Yoder, a Democrat from Bloomington, said that giving women a longer window to make a choice about their pregnancies may encourage women to keep their babies. That’s what happened to her.

In 2003, Yoder became pregnant. She said she was unmarried, scared and ashamed. She made an appointment at Planned Parenthood.

“There was no coercion, no forcing, no pressure,” she said, pushing back on some Republican lawmakers’ talking points from earlier in the debate about coerced abortion. “There was compassion. There was dignity.”

Ultimately, Yoder decided to keep her pregnancy and carried to term. Today, Yoder said she’s a mother “unapologetically, unashamedly, joyfully,” but she needed time to make that choice.

“I would never take that decision away from someone else,” she said.

Yoder called the bill draconian, discompassionate and “the result of unchecked power, ego and hubris."

Sen. Greg Taylor, D-Indianapolis, tried to amend the bill in committee to extend benefits owed to children, such as life insurance policies, child support and child tax deductions, to a fetus at any stage of development. If a fetus is a child, Taylor reasoned, their parents should get benefits afforded to children. That amendment was defeated along party lines.

When Indiana legislative leaders announced they planned to restrict abortion access in Indiana, they also promised to look at how they could help women and children. They're advancing two bills to help that cause. House Bill 1001 would increase the adoption tax credit, make diapers sales tax exempt and provide $58.5 million of funding for programs that support needy families and mothers. Likewise, Senate Bill 2 dedicates a one-time allocation of $45 million to establish the Hoosier Families First Fund and $5 million for adoption tax credits.

Democrats have decried the measure as not going far enough to support women, children and families. Republican leaders have said that they will consider additional allocations to such programs when they return in January to write the state's next biennial budget.

The bulk of Saturday's hours-long debate was spent by Democrats, with little power to shape policy in a chamber controlled by a Republican supermajority, attempting to shape public opinion. Recognizing there was little they could to defeat the bill, Democrats instead appealed to those watching from the gallery, the halls and voters who would see the debate in 30-second clips later, on television news.

Taylor admitted as much in his floor speech, saying "you're the only ones who can do something about this" to loud cheers and applause from the hundreds pressed against the chamber's windows.

Several Republicans also spoke against the bill, including Sen. Jim Tomes, of Wadesville. Tomes said he couldn't support the bill because "it doesn't protect all babies."

"I'm standing with the crowd that won't be able to vote for me," he said, "those little tykes."

Polling indicates most Hoosiers support some abortion access

Polling has shown that the majority of Hoosiers support some continued access to abortion. A recent Public Policy Polling survey found that nearly two-thirds of Hoosiers surveyed said they believe that abortion should be legal in all or most cases, and only 7% said they think it should be illegal in all cases.

Democrats, and even one Republican, chastised the supermajority for not listening to their constituents.

Becker, a Republican from Evansville, shared polling of her constituents on the issue with reporters Saturday. More than 90% said they did not agree with the Supreme Court's decision to overturn Roe and 95% said the decision to have an abortion should remain between a woman and her doctor.

Speaking on the floor Saturday, Becker said SB 1 violates the Republican principles of limited government, fiscal responsibility and the obligation of government to serve the governed. She accused members of her own party of being unqualified to make medical decisions "but arrogantly presuming to interfere" with the work of trained doctors.

She pointed out only 8 of the 42 lawmakers in the Senate are women.

"Are we providing the support families and children need to thrive in our communities?" Becker said. "No. We are making a mess."

While the mood among many abortion rights' supporters was bleak, some are also hopeful that this issue may be a turning point in Indiana politics. Democratic senators who spoke Saturday encouraged voters to mobilize around the issue of abortion access.

Michelle Livinghouse, member of the Indiana Democratic Women's Coalition Steering Committee, said that's exactly what they'll be doing. They have a petition started, seeking a ballot referendum on abortion rights. Livinghouse, a resident of Plymouth, Indiana, said she remembers reading the newspaper when Roe v. Wade was first decided.

"I remember thinking, 'this is a really good day,' she said. "Today, we have our work cut out for us."

IndyStar reporter Lizzie Kane contributed to this story.

Call IndyStar education reporter Arika Herron at 317-201-5620 or email her at Arika.Herron@indystar.com. Follow her on Twitter: @ArikaHerron.

This article originally appeared on Indianapolis Star: SB 1: Senate votes to ban most Indiana abortions, Bill moves to House