Inside all of IndyStar's coverage of abortion in Indiana since Roe v Wade decision
Indiana lawmakers passed a near-total abortion ban late in 2022 that would prohibit abortions except in cases of rape and incest at 10 weeks, or to protect the long-term health and life of the mother.
Here's what it does in a nutshell.
Since taking supermajorities about ten years ago at the Statehouse, Republicans have long signaled they would ban most if not all abortions given the legal opportunity.
That chance arrived in 2022 when a leaked document in May signaled the Supreme Court would overturn Roe v. Wade. Politicians indicated they were interested in restricting abortion and voters had it on their minds in Indiana's primary election May 3.
Since that leak, IndyStar has published more than 60 related stories to keep Hoosiers informed. Here's how it all unfolded.
Indiana Supreme Court: Lawmakers can ban abortion except to protect mother's health
A temporary injunction on Indiana's near-total abortion ban was vacated by the Indiana Supreme Court in one lawsuit on June 30, 2023, although the law remains unenforceable pending the outcome of a second lawsuit.
Justice Derek R. Molter wrote in the majority opinion that the state's constitution "protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions."
However, the near-total ban still remains unenforceable, according to the ACLU of Indiana, because a judge in a separate lawsuit challenging the law on religious freedom grounds issued a preliminary injunction in December. That decision is also being appealed and is set to be heard by the Indiana Court of Appeals in September.
Read more about the ruling: Indiana Supreme Court: Lawmakers can ban abortion except to protect mother's health
Indiana Republicans already had reduced abortion access
Republican lawmakers, who have supermajorities in the Indiana General Assembly, sent a letter dated March 8, 2022, to Gov. Eric Holcomb that they wanted to have a special session to further restrict abortion should the Supreme Court overturn some or all of Roe v. Wade through cases pending in court.
Indiana's law had stated that abortions could be performed within the first 20 weeks "postfertilization," but lawmakers, IndyStar knew, had over the years been systematically reducing access to abortions in the state.
Still, the number of abortions performed in Indiana in recent years has stayed relatively stable, bouncing from around 7,300 to just over 8,000.
A Statehouse battle seemed imminent because Holcomb on June 9, 2022, announced he was calling lawmakers into session for inflation relief, opening the door to also discuss abortion.
IndyStar reported the main debate would be whether to allow exemptions for rape and incest and health/life of the mother to an abortion ban.
As Indiana had been slowly shifted from a government split by Democrats and Republicans to one dominated by GOP, one powerful advocate for women had declined in power. IndyStar wrote about how Planned Parenthood was gearing up for perhaps its greatest political fight despite having lost much of its influence.
Why and how many women sought abortions
IndyStar spoke to women who've received abortions to get a feel for the diversity of experiences in Indiana, and complex feelings surrounding the issue, from someone who regrets her abortion at 13-years-old to someone who got an abortion illegally in 1969 after being told she was on her own.
Here's what women said in personal stores several shared.
Reaction to the overturning of Roe v. Wade
Once Roe v. Wade was overturned June 24, advocates, medical experts and politicians all weighed in on the landmark Supreme Court decision. The next day both anti-abortions and abortion-rights supporters showed up at the Statehouse for rallies.
The General Assembly, with the governor's support, pushed back the start day of the special session from July 6 to July 25 to allow time to craft legislation further restricting abortion.
Marion County Prosecutor Ryan Mears, a Democrat, announced June 24 his office would not prosecute abortion cases if the General Assembly further restricted the procedure.
The Supreme Court's decision, though, impacted more than future discussions on abortion. On July 8, a judge allowed Indiana to implement a ban on certain second trimester abortions that had been stalled in the courts.
Public pressure began mounting against a ban.
Jeannine Lee Lake, a Democratic candidate for Congress in Indiana's 5th Congressional District north of Indianapolis also began sharing her abortion story on the campaign trail.
IndyStar reported June 30 that one group of business leaders was circulating a letter in support of abortion rights to give to Holcomb.
What happened with the case of the 10-year-old rape victim case
Indiana became the epicenter of the abortion debate after a 10-year-old girl from Ohio sought an abortion in Indiana. That heart-wrenching anecdote, shared by Dr. Caitlin Bernard about a patient of hers, was included in a story published July 1 about people seeking abortions in Indiana because their own states had further restricted them.
National media picked up the story. Initially, some conservative pundits, politicians and media doubted the validity of the report due to the age of the victim. On July 12, The Indianapolis Star and The Columbus Dispatch in a joint effort reported that Gerson Fuentes, 27, whose last known address was an apartment in Columbus, Ohio, was arrested after police say he admitted to raping the child on at least two occasions.
An IndyStar analysis of Columbus police reports filed since May 9 found 50 reports of rape or sexual abuse involving a girl age 15 or younger. That number may also be underreported because of restrictions on public access to public records related to allegations initiated by mandated reporters. The report involving the 10-year-old girl falls into that category.
Indiana Attorney General Todd Rokita went on Fox News the same day IndyStar published that new information, saying he was looking into Bernard, who provided the abortion, and questioning whether she properly reported the rape.
Records obtained the next day by IndyStar through a previously submitted public records request show Bernard reported the 10-year-old's abortion to the Indiana Department of Health and the Department of Child Services within the required time frame. She also indicated the girl was seeking an abortion as a result of being abused.
Rokita's remarks earned criticism in the subsequent days, leading a former Indiana University law school dean to file a complaint with the Indiana Supreme Court Disciplinary Commission, arguing Rokita is unfairly targeting Bernard for political reasons and without any cause. Likewise, Bernard's attorney, Kathleen DeLaney, sent a tort claim notice to Rokita seeking unspecified damages for security costs, legal fees, reputational harm, and emotional distress, the first step in a potential lawsuit.
The case and Rokita's reaction put Indiana in the spotlight nationally just ahead of its special session, leading to increased scrutiny and national media attention.
IndyStar profiled the doctor, who one relative described as having "a warrior mentality" to do the right thing.In November Rokita asked the Indiana Medical Licensing Board to look into whether Bernard had violated patient privacy laws. The Indiana Medical Licensing Board held a lengthy hearing in May 2023 and found that the doctor had violated privacy laws, reprimanding and fining her $3,000. The seven-member board found her fit to continue practicing medicine.
Indiana lags on funding for social services
As Indiana's special session approached, IndyStar wrote about how the state lagged on funding for Indiana’s most needy children and families.
The Turnaway Study, which tracked the long-term effects when a person is denied an abortion, found that patients who were turned away and went on to give birth experienced an increase in household poverty. That could mean more children living in poverty struggling to get basic needs met in order to thrive later in life, now that most abortions are prohibited.
Exemptions for rape, incest become the battle line
A week before the special session, IndyStar reported Republicans seemed likely to include exemptions for rape, incest and life of the pregnant person.
In a sign of just how contentious the issue was and how widespread beliefs are on the topic even within the Republican party, initially House Republican leadership spoke with lawmakers one-on-one about their wishes for an abortion proposal, instead of taking a hand vote during caucus meetings.
IndyStar reported Republicans in the Senate, in fact, had rejected a model bill by a powerful Hoosier attorney. The chamber opted not to use a the bill from Terre Haute attorney Jim Bopp, general counsel for the National Right to Life Committee, that would have not included exemptions for rape and incest and would have only protected women in cases of imminent death.
Senate Republicans introduced Senate Bill 1 on July 20. It did have limited exemptions for rape, incest and life of the mother.
One day later, ACLU of Indiana released a letter signed by 200-plus businesses opposing abortion restrictions.
Notably absent from letter, and the past one that had been circulating, were some of the state's large corporations such as Eli Lilly & Co., Cummins Inc., Roche, Rolls Royce and others that previously have taken public stances on racial equity, LGBTQ rights, and the Indiana's Religious Freedom Restoration Act.
As protestors chanted in the halls, senators heard testimony July 25 from a portion of the hundreds that signed up. Abortion rights advocates opposed the bill for further restricting abortion, but anti-abortion activists also opposed it because of the exemptions.
A Senate committee adopted an amendment July 26 requiring rape victims to have a signed affidavit to receive an abortion. And later, in a political shot directed at Indianapolis, the Senate added in language July 28 that would have allowed the attorney general to prosecute cases if the local prosecutor declines.
The Senate, though, could not muster the votes after a divisive debate to remove the rape and incest exemptions from the bill, though eighteen Republicans tried.
Public pressure for abortion rights continues to mount, Senate passes bill
A group of faculty, staff members and students from Indiana’s colleges and universities signed a letter, IndyStar reported on July 28, calling the bill “a clear example of systemic racism" because they say the restrictions in the bill would disproportionately impact women and families of color.
Still, while no one in particular seemed happy with the bill on either side of the issue, the Senate passed it during a rare Saturday session July 30 by one vote, 26-20.
Fall out continued.
IndyStar reported Aug. 1 that transgender Hoosiers felt excluded by a bill that would deeply impact them. Some say they feel left out of the conversation because they don't identify as women but could become pregnant and be forced to have the child.
Indiana medical experts said the language in the Senate Bill 1, IndyStar reported Aug 2, is broad and confusing and opposed the legislation and warned of the risks of getting it wrong.
The tourism community took note as Gen Con, a large convention, hit town. Gen Con's president David Hoppe said Aug. 3 that the convention was "deeply troubled by the action currently underway in the Indiana General Assembly."
House takes up the bill
In the second week of session, a House committee on Aug. 2 made wide-ranging changes, including an exemption to the ban for when it's necessary to prevent any serious health risk for the pregnant person, in part as a response to the concerns from the health professionals.
Experts still worry they could be put in situations where a pregnant person's life is at risk.
The committee set the exemption for cases of rape and incest within 10 weeks postfertilization. The version of the bill that passed out of the Senate allowed exceptions for rape and incest within the first 12 weeks for girls ages 15 or younger and the first eight weeks for pregnant girls and women age 16 or older.
The House committee also removed the portion of the bill that would have given the state attorney general authority to prosecute abortion-related cases of the county prosecutor declines and the part requiring the signed affidavit.
The committee, lastly, prohibited abortions from being performed in clinics, such as Planned Parenthood clinics. IndyStar in the aftermath reported that 98% of abortions take place in such clinics and laid out the consequences of that decision.
Kansas voters reject abortion ban
Pressure continued to mount against the ban. In Kansas, a similar state to Indiana, voters on Aug. 2 soundly defeated the idea to further restrict abortion. IndyStar asked why no referendum would be held here.
Many lawmakers here, though, were citing a higher power than voters in laying out their decision to ban abortion.
Religion, specifically Christianity, was front and center during the abortion debate IndyStar reported Aug. 3, both out in the halls of the Statehouse and as lawmakers debated the abortion bill in the chamber. At times as lawmakers were considering an amendment that would remove exemptions for rape and incest, both Republicans who wanted more restrictions and those who wanted less argued that they were doing it in Jesus’ name.
Some critics worried about the "separation of church and state," but a law expert IndyStar spoke to said it was unlikely Indiana's law would be found unconstitutional on those grounds.
IndyStar continued to examine the consequences of an abortion ban.
IndyStar also reported Aug. 4 that sex education could help reduce unwanted pregnancies but Indiana doesn't require schools to teach it. Lawmakers haven’t considered a strategy that research shows can be effective in reducing the number of unintended pregnancies and, thus, the number of abortions – teaching young people how to prevent pregnancy.
The House itself voted on changes to the bill Aug. 4, most prominently shooting down one that would have removed the exemptions for rape and incest supported by the majority of House Republicans. Here's how every lawmaker voted on that idea.
As lawmakers began considering the legislation on their planned final day of session, IndyStar reported that increased access to contraception could prevent pregnancies. Nationally about 45% of all pregnancies are unintended, according to the Guttmacher Institute. In Indiana, the percentage is even higher – about 49%.
Health professionals say Indiana needed to increase access to contraceptives even before Roe v. Wade was overturned, in an effort to reduce unplanned pregnancies. Lawmakers, though, shot down a proposal that would have enabled trained pharmacists to dispense birth control to those without prescriptions, a proposal experts say would increase access.
Governor signs the bill
On Aug. 5, the House passed the abortion law 62-38. Here's how every member voted. The Senate then voted to accept all of the changes and to send the bill to the governor to sign. It passed by three votes, 28-19.
Here's how every member of the Senate voted.
Lawmakers also increased funding for child and family services with the passage of the companion legislation Senate Bill 2, which includes a tax exemption for an adopted child, cuts the state’s tax on children's diapers, increases the adoption tax credit and dedicates $75 million to social services, among other things.
Democrats said they think Indiana needs to do more to fund social services, saying that $75 million isn't enough.
Gov. Eric Holcomb signed both bills into law hours after they were passed Aug 5.
A day later, Lilly and Cummins finally weighed in with prepared statements opposing the abortion ban and suggesting there could be economic consequences. IndyStar asked them why, in a story published Aug. 9, they waited until the bill had been signed. One abortion rights activist called the timing "a slap in the face."
Indiana abortion law could influence the November elections
Experts say the near-total abortion ban could impact some competitive November general election Statehouse races, propelling angry abortion-rights-minded Hoosiers to turn out to vote. No one is predicting an end to Republican's supermajority in the Senate and House, but in a midterm election where Democrats were all but certain to have a tough election year in a state where they already hold few offices, Senate Bill 1 could help their chances in Indiana.
What little polling is available suggests the new law, which goes into effect on Sept. 15, likely won't be popular with a majority of Hoosiers.
IndyStar continues to follow the issue, reporting Aug. 18 that Planned Parenthood is adjusting to no longer being allowed to perform abortions following Sept. 15.
Doctors and education institutions also wonder whether the abortion law will lead to a medical brain drain in Indiana as medical professionals seek employment it states with more friendly laws. IU Health, meanwhile, is adjusting to becoming one of the few hospitals to still perform the procedure.
Court challenges under way
The ACLU filed two lawsuits to try to stop the abortion law, one that argues it violates privacy language in the Indiana Constitution and another that says it runs afoul of the state's Religious Freedom Restoration Act by being biased for Christians who oppose abortion rights.
The Attorney General's Office, meanwhile, won a case against the Marion County Prosecutor over who has jurisdiction in certain abortion-related cases.
And, as the law went into effect Sept. 15, protests broke out at the governor's mansion and the Statehouse.
IndyStar continues to cover the issue, writing about the results of a records request that showed the contents of emails sent to Gov. Holcomb during the special session. Takeaways include a majority supporting abortion rights, Christians arguing to ban abortion and medical professionals arguing to keep it legal.
IndyStar reporters Shari Rudavsky, Arika Herron, Rachel Fradette, Ko Lyn Cheang, Binghui Huang and Lizzie Kane contributed to this story.
Call IndyStar reporter Kaitlin Lange at 317-432-9270 or email her at kaitlin.lange@indystar.com. Follow her on Twitter: @kaitlin_lange.
This article originally appeared on Indianapolis Star: Indiana abortion law 2023: Inside IndyStar's coverage since Roe v. Wade
