Indiana law banning discrimination abortions goes into effect for first time, injunction lifted

BREAKING NEWS! A 2016 Indiana law banning discrimination abortions is now in full effect as a result of a federal injunction being lifted late yesterday. 

The discrimination law, found in HEA 1337 signed by Gov. Mike Pence, bans abortions in Indiana based solely on Down syndrome, sex, race, potential disability, and nationality of the mother. 

Significantly, the law’s anti-discrimination elements are rooted in Indiana’s civil rights laws found in Indiana Code 22-9-5. Indiana is thought to be the first state applying such civil rights protections to unborn children. 

The law was never allowed to go into effect. The United States Supreme Court declined to hear Indiana’s appeal in 2019, but a new motion by Attorney General Todd Rokita following the court’s Dobbs ruling resulted in the lifting of the lower court’s injunction.