The government of Indiana is on the verge of mandating every Hoosier woman who becomes pregnant to carry the pregnancy to term and deliver a baby, unless the pregnancy involves a life-altering trauma.
On Friday, the Republican-controlled House voted 62-38 to approve Senate Enrolled Act 1, sending the measure back to the Republican-controlled Senate where lawmakers agreed Friday night to endorse the final version of the legislation, 28-19.
It now is up to Republican Gov. Eric Holcomb to decide whether the near-total abortion ban crafted by the Legislature over the past two weeks will take effect Sept. 15.
The legislation prohibits all abortions in Indiana from the moment of conception, except within 10 weeks of fertilization for pregnancies caused by rape or incest, or 20 weeks if necessary to prevent serious physical impairment or the death of a pregnant woman, or because of a lethal fetal anomaly.
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It also shuts down all abortion clinics in the state by requiring every abortion be completed in a hospital or hospital-owned surgical center, puts doctors at risk of losing their medical license if they fail to sufficiently justify the legal basis for an abortion, and sets the stage for Republican Attorney General Todd Rokita to some day overrule locally elected prosecutors and file criminal charges alleging an illegal abortion.
At the same time, the measure explicitly exempts in vitro fertilization programs from the restrictions on abortion and appears to leave intact current state laws relating to the availability of contraceptives and the ability of women to travel to other states to obtain an abortion.
The House vote in favor of the proposal followed more than four hours of debate that was, at times, passionate and emotional, but largely respectful, notwithstanding occasional shouts in opposition from the public gallery overlooking the chamber and continuous loud chanting against the measure from Hoosiers standing outside the chamber's rear windows in the Statehouse rotunda.
The Senate's more than three-hour debate over whether to concur with the House changes to the measure largely centered on whether denying nearly all women access to abortion is government overreach that infringes on the personal liberty of Hoosiers, which usually is well-guarded by state senators.
Among Northwest Indiana lawmakers, the House vote split along party lines with the Region's Republican representatives all supporting the near-total abortion ban and the Region's Democratic representatives uniformly opposed.
In the Senate, state Sen. Mike Bohacek, R-Michiana Shores, broke away from many of his fellow Republicans and joined all Region Democrats in voting no because he said the legislation does not address sexual assault involving disabled adults, including Hoosiers with Down syndrome.
The proposal was supported in the Senate by Northwest Indiana state Sens. Ed Charbonneau, R-Valparaiso, and Rick Niemeyer, R-Lowell.
If enacted by the governor, Indiana would become the first state to legislatively impose new abortion restrictions following the June 24 Dobbs v. Jackson Women's Health Organization ruling by the U.S. Supreme Court that rescinded the right to abortion established by the high court's 1973 Roe v. Wade decision.
Public opinion polls show a majority of Hoosiers oppose strict limits on abortion access. Nevertheless, the measure will end a half-century of pregnant Hoosier women having an individual choice to bring a child into the world or to terminate her pregnancy prior to fetal viability.
Supporters of the proposal estimate it will eradicate approximately 95% of abortions in the state. According to the Indiana Department of Health, there were 8,414 abortions in Indiana during the 2021 calendar year.
"Our goal through this legislation is to strengthen protections for the unborn while stepping up support for families," said state Rep. Wendy McNamara, R-Evansville, the sponsor and a LaPorte native. "It is consistent with our overall goal to care for mother and baby."
At least three Republicans, state Reps. John Jacob, R-Indianapolis, and Curt Nisly, R-Milford, and state Sen. Mike Young, R-Indianapolis, voted against the plan because it fails to prohibit all abortions by including unverified exceptions for rape, incest, and the life and health of a pregnant woman.
Jacob said in a post-Roe world it is "weak" and "pathetic" for Indiana lawmakers to fail to fulfill their repeated promises to Christian Hoosiers and Republican voters to entirely ban abortion if given the opportunity.
"This bill justifies the wicked, those murdering babies, and punishes the righteous, the pre-born human babies," Jacob said. "By continuing to regulate baby murder in this bill you are inviting the judgment of God on our state and on our nation."
"God will not bless a state that kills its children," he added.
On the other hand, several Democratic representatives observed Indiana stands to lose much more by denying women bodily autonomy and signaling to businesses that the state is willing to use the heavy hand of government to pick winners and losers on a divisive social issue.
"This is a sad day for our state," said state Rep. Carolyn Jackson, D-Hammond. "We are voting to take away the rights of Hoosier women to choose what happens with their bodies."
Jackson said if the measure becomes law Indiana will become a "wasteland" as OB/GYNs and other doctors flee the state, thousands of children are born each year to women who either don't want or can't afford them, and some women resort to unsafe abortions to terminate their pregnancies.
"Women, especially black women and low-income women, will die because of this bill," Jackson said. "It's cruel, it is unjust and it is downright despicable."
State Rep. Ragen Hatcher, D-Gary, noted in no other circumstance does the state control what happens to a person's body since individual consent is required to get a vaccine, donate blood or donate organs — even if needed to save a life.
"This bill tells women the moment they become pregnant that the fertilized egg that cannot live outside her body has more rights than she does," Hatcher said.
Similarly, state Rep. Pat Boy, D-Michigan City, and state Rep. Earl Harris Jr., D-East Chicago, said women will become "second-class citizens" in Indiana if the proposal is signed into law.
"Women are more than capable of making this decision on their own," Harris said.
Meet the 2022 Northwest Indiana legislative delegation
State Sen. Michael Griffin, D-Highland

State Sen. Michael Griffin, D-Highland
1st Senate District
Represents: Hammond (south side), Munster, Highland, Griffith, Dyer, Schererville
Experience: Former Highland clerk-treasurer; university instructor
Committees: Insurance and Financial Institutions; Local Government
State Sen. Lonnie Randolph, D-East Chicago

State Sen. Lonnie Randolph, D-East Chicago
2nd Senate District
Represents: Hammond, Whiting, East Chicago, Gary (west side), Griffith, Hobart, Merrillville
Experience: State senator since 2008, previously served 1994-98; attorney
Committees: Commerce and Technology; Insurance and Financial Institutions (ranking member); Judiciary (ranking member); Rules and Legislative Procedure; Tax and Fiscal Policy; Utilities (ranking member)
State Sen. Eddie Melton, D-Gary

State Sen. Eddie Melton, D-Gary
3rd Senate District
Represents: Gary, Lake Station, New Chicago, Hobart, Merrillville, Crown Point
Experience: State senator since 2016; community relations manager
Committees: Appropriations (ranking member); Education and Career Development; Health and Provider Services; Joint Rules; Rules and Legislative Procedure
State Sen. Rodney Pol Jr., D-Chesterton

State Sen. Rodney Pol Jr., D-Chesterton
4th Senate District
Represents: Ogden Dunes, Portage, Chesterton, South Haven, Burns Harbor, Beverly Shores, Michigan City, Westville
Experience: State senator since 2021; attorney
Committees: Corrections and Criminal Law (ranking member); Environmental Affairs; Local Government; Pensions and Labor; Public Policy
State Sen. Ed Charbonneau, R-Valparaiso

State Sen. Ed Charbonneau, R-Valparaiso
5th Senate District
Represents: Valparaiso, Hebron, Kouts, Jasper County
Experience: State senator since 2007; attorney
Committees: Appropriations; Ethics; Health and Provider Services (chairman); Rules and Legislative Procedure; Tax and Fiscal Policy
State Sen. Rick Niemeyer, R-Lowell

State Sen. Rick Niemeyer, R-Lowell
6th Senate District
Represents: St. John, Cedar Lake, Crown Point, Winfield, Lowell, Newton County
Experience: State senator since 2014, state representative 2012-14; small business owner
Committees: Environmental Affairs; Local Government; Tax and Fiscal Policy
State Sen. Mike Bohacek, R-Michiana Shores

State Sen. Mike Bohacek, R-Michiana Shores
8th Senate District
Represents: LaPorte County
Experience: State senator since 2016; consultant
Committees: Corrections and Criminal Law; Insurance and Financial Institutions; Judiciary; Local Government
State Rep. Carolyn Jackson, D-Hammond

State Rep. Carolyn Jackson, D-Hammond
1st House District
Represents: Hammond, Whiting
Experience: State representative since 2018; retired Cook County, Ill., probation officer
Committees: Environmental Affairs; Family, Children and Human Affairs; Natural Resources
State Rep. Earl Harris Jr., D-East Chicago

State Rep. Earl Harris Jr., D-East Chicago
2nd House District
Represents: East Chicago, Gary (west side)
Experience: State representative since 2016; small business owner
Committees: Government and Regulatory Reform; Roads and Transportation; Ways and Means
State Rep. Ragen Hatcher, D-Gary

State Rep. Ragen Hatcher, D-Gary
3rd House District
Represents: Gary (downtown and east side), Lake Station, New Chicago, Hobart
Experience: State representative since 2018; attorney
Committees: Commerce, Small Business and Economic Development; Courts and Criminal Code (ranking member); Government and Regulatory Reform
State Rep. Ed Soliday, R-Valparaiso

State Rep. Ed Soliday, R-Valparaiso
4th House District
Represents: Valparaiso
Experience: State representative since 2006; aviation safety consultant
Committees: Elections and Apportionment; Roads and Transportation; Utilities, Energy and Telecommunications (chairman)
State Rep. Pat Boy, D-Michigan City

State Rep. Pat Boy, D-Michigan City
9th House District
Represents: Michigan City, Chesterton, Beverly Shores, Long Beach, Westville
Experience: State representative since 2018; retired small business owner
Committees: Environmental Affairs; Natural Resources (ranking member)
State Rep. Chuck Moseley, D-Portage

State Rep. Chuck Moseley, D-Portage
10th House District
Represents: Portage, Chesterton, Ogden Dunes, Burns Harbor, South Haven
Experience: State representative since 2008; financial solutions associate
Committees: Employment, Labor and Pensions; Roads and Transportation (ranking member); Veterans Affairs and Public Safety
State Rep. Mike Aylesworth, R-Hebron

State Rep. Mike Aylesworth, R-Hebron
11th House District
Represents: St. John, Cedar Lake, Lowell, Schneider, Hebron, Kouts
Experience: State representative since 2014; farmer, former state environmental regulator
Committees: Agriculture and Rural Development (vice chairman); Courts and Criminal Code; Environmental Affairs
State Rep. Mike Andrade, D-Munster

State Rep. Mike Andrade, D-Munster
12th House District
Represents: Munster, Hammond (south side), Highland, Griffith
Experience: State representative since 2020; small businessman
Committees: Commerce, Small Business and Economic Development; Employment, Labor and Pensions; Veterans Affairs and Public Safety
State Rep. Vernon Smith, D-Gary

State Rep. Vernon Smith, D-Gary
14th House District
Represents: Gary (south side), Merrillville
Experience: State representative since 1990; education professor at Indiana University Northwest
Committees: Education (ranking member); Judiciary; Local Government
State Rep. Hal Slager, R-Schererville

State Rep. Hal Slager, R-Schererville
15th House District
Represents: Dyer, Schererville, St. John, Griffith
Experience: State representative 2012-18, reelected 2020; small business owner
Committees: Environmental Affairs; Ways and Means
State Rep. Douglas Gutwein, R-Francesville

State Rep. Douglas Gutwein, R-Francesville
16th House District
Represents: Newton, Jasper counties
Experience: State representative since 2008; small business owner
Committees: Agriculture and Rural Development; Environmental Affairs (vice chairman); Veterans Affairs and Public Safety
State Rep. Julie Olthoff, R-Crown Point

State Rep. Julie Olthoff, R-Crown Point
19th House District
Represents: Crown Point, Merrillville, Winfield, Lakes of the Four Seasons, Hobart
Experience: State representative 2014-2018, reelected 2020; small business owner
Committees: Family, Children and Human Affairs; Public Health (vice chairwoman); Veterans Affairs and Public Safety
State Rep. Jim Pressel, R-Rolling Prairie

State Rep. Jim Pressel, R-Rolling Prairie
20th House District
Represents: LaPorte County
Experience: State representative since 2016; small business owner
Committees: Commerce, Small Business and Economic Development; Roads and Transportation (chairman)