Court affirms law banning abortions is unconstitutional

INDIANAPOLIS (AP) — A federal appeals court judge has agreed with a lower court ruling as unconstitutional an Indiana law prohibiting abortions sought because the fetus has been diagnosed with a disability.

The Thursday ruling by Seventh Circuit Judge William J. Bauer on Thursday deals with a 2016 law signed by former Gov. Mike Pence that would prohibit women from getting an abortion due to a fetus’s race, sex or diagnosis of disability.

The law also requires the identities of abortion providers be made public, funerals be held for fetal remains and women undergo an ultrasound at least 18 hours prior to an abortion.

U.S. District Court Judge Tanya Walton Pratt issued a preliminary injunction in June 2016. At the time she said the law violated U.S. Supreme Court precedents that protect a woman’s right to choose an abortion before a fetus is viable.

ACLU of Indiana executive director Jane Henegar said in a statement the decision affirmed a woman’s right to make her own medical decisions.

Sue Swayze Liebel, vice president of public affairs for Indiana Right to Life, issued a statement Friday:

“This is the civil rights battle of our time. While the Seventh Circuit Court’s ruling is a setback, it provides great opportunity to bring this case to the Supreme Court. Previous Supreme Court decisions that give states authority to regulate abortion give us great hope that the justices would side with Indiana’s right to recognize civil rights protections for children in the womb. Indiana Attorney General Curtis Hill has a strong track record of vigorously defending laws that protect the most vulnerable, the unborn and their mothers. We urge AG Hill to appeal the Seventh Circuit Court’s ruling to the Supreme Court.”