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Planned Parenthood of Indiana & Kentucky, Inc. v. Commissioner, Indiana State Department of Health

Citation: 265 F. Supp. 3d 859Docket: Case No. 1:16-cv-00763-TWP-DML

Court: District Court, S.D. Indiana; September 22, 2017; Federal District Court

Narrative Opinion Summary

This case involves a legal challenge by Planned Parenthood of Indiana and Kentucky (PPINK) against several provisions of Indiana's House Enrolled Act No. 1337 (HEA 1337), which regulates abortion practices. PPINK contends that the law's restrictions, which include prohibitions on abortions based on fetal sex, race, or disability diagnoses, violate the Fourteenth Amendment. The court grants PPINK's motion for summary judgment, issuing a permanent injunction against the enforcement of these provisions, as they contravene established precedents allowing pre-viability abortions. The court also finds that HEA 1337's requirement for abortion providers to disseminate information about these prohibitions infringes on First Amendment rights. Additionally, the court deems the fetal tissue disposition provisions unconstitutional for lacking a rational relation to a legitimate state interest. Consequently, the court denies the State's motion for summary judgment and upholds the principles set forth in Roe v. Wade and Planned Parenthood v. Casey, affirming a woman's right to choose an abortion before viability without undue state restrictions. The decision underscores the judiciary's role in safeguarding constitutional protections against evolving legislative measures that conflict with established Supreme Court doctrine.

Legal Issues Addressed

Compelled Speech and First Amendment Rights

Application: The requirement for providers to inform patients about the prohibition on discriminatory abortions was deemed unconstitutional for infringing on providers' First Amendment rights.

Reasoning: The consensus among the parties is that if the anti-discrimination provisions are found unconstitutional, the accompanying information dissemination requirement is similarly invalid.

Constitutionality of Abortion Regulations under the Fourteenth Amendment

Application: The court determined that Indiana's House Enrolled Act No. 1337 (HEA 1337) violates the Fourteenth Amendment by imposing restrictions on pre-viability abortions based on discriminatory factors.

Reasoning: The Court, after reviewing the arguments, finds that the contested provisions indeed violate the Fourteenth Amendment and issues a permanent injunction against their enforcement.

Fetal Tissue Disposition and Substantive Due Process

Application: The court ruled that the fetal tissue disposition requirements under HEA 1337 violate substantive due process as they are not rationally related to a legitimate state interest.

Reasoning: Consequently, the Court finds no legitimate state interest in equating fetal tissue with human remains and concludes that the State's disposition provisions are not rationally related to that purpose.

Pre-Viability Abortion Rights

Application: The court reinforced the principle that women have the right to choose to terminate a pregnancy before viability without undue state interference, as established in Roe v. Wade and Planned Parenthood v. Casey.

Reasoning: The constitutional right to terminate a pregnancy is grounded in the Fourteenth Amendment's Due Process Clause, as articulated in Roe v. Wade and reaffirmed in Planned Parenthood v. Casey.

Unconstitutionality of Anti-Discrimination Abortion Provisions

Application: The court found that the anti-discrimination provisions of HEA 1337 are unconstitutional as they prohibit abortions based on fetal characteristics, which violates the established right to pre-viability abortion.

Reasoning: The anti-discrimination provisions of HEA 1337 violate the first principle by preventing pre-viability abortions.