Indiana Senate Republicans propose abortion ban with exceptions for rape, life of mother

Indiana Senate Republican leadership proposed a bill Wednesday that would ban all abortions except in cases of rape, incest or where the life of the mother is in danger, a proposal that if passed would make Indiana one of the states with the greatest restrictions against abortion.

The proposal of a near-total ban on abortion was a surprise for many, conservatives and progressives alike. Speculation had been that lawmakers would introduce less severe restrictions, such as a ban set at 6, 12 or 15 weeks, when they convene for a special session on July 25.

If the ban passes, Indiana will be one of eight states with an abortion ban at zero weeks, according to the Guttmacher Institute. Unlike Indiana's proposal, however, most others do not allow for exemptions for rape.

Senate President Pro Tempore Rodric Bray, R-Martinsville, said Wednesday as he announced the proposal that abortion was "arguably the most difficult, polarizing issue that we've faced in a generation." He said his caucus spent considerable time debating where to land on the restrictions and proposed exemptions and considered the perspectives of constituents on the "two sides" of the issue.

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"Our underlying goal is to protect human life, promote more adoption and less abortion," he said, "by limiting abortion to the life of the mother, rape and incest (and) by being compassionate and supporting pregnant women, some of whom find themselves in extremely difficult circumstances."

Senate leadership said Senate Bill 1 will not impact the morning-after pill, birth control, fertility treatments, or treatment of miscarriages or ectopic pregnancies.

The proposal also does not criminalize those seeking an abortion, but doctors who perform abortions illegally could lose their license. Those seeking an abortion due to rape or incest will not have to file a police report, but they will have to provide the physician with a signed affidavit confirming that is the reason they are seeking an abortion.

Other abortion bills could be introduced, but this is the proposal that will likely advance in the Senate.

Senate Republicans have a supermajority and have discussed the issue in depth behind closed doors since the U.S. Supreme Court overturned Roe v. Wade, which means the proposed bill will likely pass the chamber without substantial changes.

Still, Senate Republicans are far from united on their abortion stances. Multiple Senate Republicans have already said they won’t vote for the bill in its current form, including Vaneta Becker of Evansville and Kyle Walker of Lawrence, because it's too restrictive.

“I will not be supporting this bill the way it is now,” Becker told IndyStar. “It’s a good start but it does not address the wishes of the majority of people in the state of Indiana.”

Reaction to Senate Bill 1

It's more likely that the bill will be altered once it moves to the House side, than it will change in the Senate.

House Speaker Todd Huston, R-Fishers, didn’t commit to supporting the Senate’s proposal, nor has he said what the majority of House Republicans would like to see in abortion-restricting legislation.

“Our caucus will take time to review and consider the details of the Senate bill, and continue to listen to thoughts and input from constituents across the state,” Huston said in a statement. “We look forward to working with our Senate colleagues and the governor in the days and weeks ahead, and I'm confident we'll find a thoughtful way forward that shows compassion for both mothers and babies."Within weeks new abortion restrictions could be passed and on their way to Gov. Eric Holcomb for consideration. Holcomb, who has previously signed every anti-abortion bill that has landed on his desk, has not ruled out any abortion restrictions. The bill will gointo effect immediately upon Holcomb's signature.

Senate Minority Leader Greg Taylor, D-Indianapolis, said his caucus would introduce alternativebills but did not expect them to be heard. Democrats are planning to offer amendments to the abortion bill, but they are unlikely to be adopted while Republicans maintain a supermajority.

"We don’t need an outright ban on abortion in Indiana," Taylor said.

Abortion rights supporters on Wednesday decried the proposal. LaKimba DeSadier, Indiana State Director for Planned Parenthood Alliance Advocates Indiana, said it will prevent health care providers from giving safe and legal care.

"Today’s unveiling of the Senate’s plan to eliminate Hoosiers’ access to basic health care confirms our greatest fears: A complete ban on abortion is on its way to Indiana," DeSadier said.

Anti-abortion groups have lobbied hard for an abortion ban with limited exceptions. Ahead of the Senate news conference Mike Fichter, president of Indiana Right to Life, made it clear that he expected lawmakers to significantly restrict abortions.

"Roe is no longer in place. The Roe shield is no longer there, so this is the time. This is the time for Indiana to pass loving and compassionate protections for unborn children," Fichter said in a Wednesday morning press conference. "We believe every single Hoosier deserves to be born."

The Senate also unveiled two other bills Wednesday: one providing inflation relief and another providing additional resources to help mothers and children.

Under Senate Bill 2, Republicans want to earmark $45 million for the Hoosier Families First Fund, which the State Budget Committee can allocate to a variety of resources for women and children, such as additional support to help the health of pregnant people, money for pregnancy planning and increased access to child care.

The Senate's plan for addressing inflation would suspend the 7% sales tax on utilities and would cap the sales tax on gasoline that typically fluctuates each month. That represents a departure from what Holcomb had initially called for: a $225 refund for all Hoosier taxpayers.

The abortion debate is expected to dominate session, and protesters are expected. For weeks, abortion rights supporters have been preparing to oppose whatever abortion restrictions lawmakers propose.

Monique Rust, an Indianapolis activist, has been planning a rally Monday to oppose abortion restrictions since lawmakers announced they would be having a special session. Already, more than 4,000 people have RSVPed to the event online.

Still, she said Wednesday, she was surprised by the proposal for a near-total ban.

"The day that this sort of oppression isn't shocking," she said, "I'm not sure that I will be a human anymore."

When session convenes on Monday, the abortionbill won’t be assigned to the Senate Health committee, half ofwhose members are women.

Instead the bill will go to the Senate Rules and Legislative Procedures committee, which Bray leads himself, meaning he can further control the process and limit amendments. Only one woman, Glick, is on that committee.

Members of the public can testify on the abortion proposal from 1 to 5 p.m. Monday and 9 a.m. until noon Tuesday at the Statehouse.

Call IndyStar reporter Kaitlin Lange at 317-432-9270 or email her at kaitlin.lange@indystar.com. Follow her on Twitter: @kaitlin_lange.