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Planned Parenthood sues to stop abortion law
04/08/2016   By Stephanie Wang and Chelsea Schneider | INDYSTAR
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Planned Parenthood of Indiana and Kentucky is asking a federal court to stop Indiana's new abortion law.

The local Planned Parenthood affiliate contends the expanded abortion restrictions are unconstitutional because they infringe on a woman's right to obtain a first-trimester abortion. And requiring a doctor or nurse to inform patients of an unconstitutional law, the organization said, violates free speech.

Known as House Enrolled Act 1337, the law bans abortions sought solely because the fetus may be born with a disability such as Down syndrome, or because of the fetus's gender or race.

The law "therefore imposes an undue burden on a woman’s right to choose an abortion because it bars that choice under certain circumstances, even if the pregnancy is in its early stages and the fetus is not viable," said the Planned Parenthood complaint, filed Thursday in U.S. District Court for the Southern District of Indiana in Indianapolis.

The legal move was expected, given the heated debate over whether the abortion law could withstand a court challenge. The lawsuit asks the court to declare the abortion law unconstitutional and issue an injunction to prevent the law from being enforced.

Outcry over the law has attracted national headlines, zeroing in on the social conservatism of Republican Gov. Mike Pence, who signed the law last month.

But Pence and other anti-abortion supporters say the law values the unborn and the disabled.

"Gov. Pence has every confidence this law is constitutional," spokeswoman Kara Brooks said in a statement. "We will work with the Attorney General to defend the law that enhances information expectant mothers receive and enhances protection for the unborn."

Indiana Right to Life CEO Mike Fichter said the organization isn't surprised by the lawsuit.

"This is the same song and dance we have seen from the abortion provider anytime they feel their lucrative abortion business is threatened. They look to the courts and activist judges to rule in their favor," Fichter said in a statement.

But Betty Cockrum, president and CEO of Planned Parenthood of Indiana and Kentucky, said the law is becoming "a national embarrassment."

"Gov. Mike Pence isn't a woman and he isn't a doctor," she said in a statement. "He needs to get out and stay out of our doctors' offices."

The American Civil Liberties Union of Indiana filed the lawsuit on behalf of the Planned Parenthood affiliate. The lawsuit also was brought by Dr. Marshall Levine, a doctor contracted by Planned Parenthood to perform abortions, and Shauna Sidhom, a nurse practitioner who works for Planned Parenthood.

Under the new law, medical professionals such as Levine and Sidhom could be prosecuted, face civil lawsuits or lose their licenses for performing abortions sought because of a prenatal diagnosis of disability.

Planned Parenthood doesn't ask patients why they're seeking abortions, the lawsuit said, but the new law requires health care providers to report to the state whether fetuses have been diagnosed with disabilities. Because of that, Planned Parenthood argues that doctors and nurses will learn about a diagnosis before an abortion, putting them at risk of being punished.

Planned Parenthood also takes issue with the part of the law mandating that abortion providers cremate or bury fetal remains. The same costly requirement doesn't exist for disposing of other medical materials, the lawsuit said.

Planned Parenthood offers nonsurgical abortions in Lafayette and surgical abortions in Indianapolis, Bloomington and Merrillville.

The lawsuit names the Indiana State Department of Health, county prosecutors and the Medical Licensing Board of Indiana as defendants.

Thousands of Hoosiers plan to protest the new law Saturday at the Statehouse. The controversy prompted Democratic presidential candidate Hillary Clinton's campaign to issue a statement denouncing the law and praising people for opposing it.

"Politicians like Governor Pence should not interfere with personal medical decisions, which should be left to a woman, her family and her faith, in consultation with her doctor or health care provider," said Maya Harris, the Clinton campaign's senior policy adviser.

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