Pence’s newest abortion law jeopardizes women’s right to choose

Indiana’s government once again proves how little it respects women’s autonomy

In their 2016 Women’s Reproductive Rights Report Card, NARAL Pro-Choice America gave the state of Indiana an “F” rating. Keep in mind, this was published in January 2016, before House Enrolled Act 1337 was signed by Governor Mike Pence on March 24. Indiana was already at the bottom of the heap when it came to reproductive rights, and after the passing of HEA 1337, it seems we have decidedly won our place as the most volatile of states for women’s rights.

HEA 1337 has a myriad of restrictions that do nothing but shame women, chill conversations between women and their doctors, and place undue burdens on a woman’s constitutional right to abortion. These new regulations include requiring an abortion facility to bury or cremate fetal remains, requiring doctors performing the procedure have admitting privileges at a hospital in the county or a written agreement with a doctor who does, requiring further documentation of the abortion; prohibiting sale or donation of fetal tissue; prohibiting abortion on the basis of sex, race, ancestry, or disability of the fetus and holds the physician responsible for violation of this restriction, requiring the physician to provide information of perinatal hospice care if the fetus has a lethal fetal anomaly, making the identity of the physician performing the abortion procedure more publicly available, and mandating informed consent be given 18 hours before the abortion procedure and that the woman must be given the option to view an ultrasound and hear a fetal heartbeat.

Now, if that seemed like an overwhelming and unnecessary list of steps for a woman seeking an abortion, I would agree with you. All of these restrictions are being thrown into the already complicated and expensive process of obtaining an abortion in the state of Indiana. Before passing this bill, Indiana had already placed restrictions on abortion providers that were not applied to other medical professionals. Proponents of this bill have stated that it adds value to life, provides dignity and compassion, and prevents discrimination of the fetus. In reality, this bill is putting roadblocks and mechanisms of guilt in front of a constitutional right for women to choose what is best for them.

What these proponents seem to ignore while they argue about the dignity they are preserving is the dignity they are stripping from women with this law. This bill places no trust in a woman’s ability to make decisions for herself, no belief that a woman knows what is best for her and her life.

Under the guise of benevolence for the unborn and women’s health, this bill deceptively circumvents a liberty solidified for women over forty years ago. This right of autonomy has been threatened repeatedly ever since women were officially awarded the right to choose in Roe v. Wade. Liberty, which proponents of abortion restrictions have seem to forgotten, presumes the autonomy of self. If a person cannot have this autonomy to make choices about their bodies, about their families, about their lives — then the law is not doing its job. Without the right to choose of her own volition and without undue interference from the government, a woman living in the state of Indiana is not being awarded the extent of constitutional protection that she is entitled to.

As Supreme Court Justice Anthony Kennedy once said, it is a woman’s constitutional right to make “certain fundamental decisions affecting her destiny.” If Indiana cared about women’s health, they would support a woman’s decision about her reproductive health, whatever it may be, because they respect her. They would support preventive services like better access to birth control and better sexual education in schools as these services actually do improve women’s health and decrease the need for abortion. In this country the power of decision-making is supposed to be vested in the people, but when it comes to women’s health, the state of Indiana feels they know best.

So, to Governor Pence — who signed this bill “with a prayer” for children and mothers — I do not need your prayers. I need you to do your job and protect my rights.

More
IU