INDIANAPOLIS — Indiana lawmakers on Friday approved a near-total abortion ban, overcoming division among Republicans and protests from Democrats to become the first state to draft and pass broad new limits on the procedure since Roe v. Wade was waived in June.
The bill’s passage came just three days after voters in Kansas, another conservative Midwestern state, overwhelmingly rejected an amendment that would have stripped abortion rights protections from its state Constitution , a result seen nationally as a sign of unease with the abortion ban. And it came despite some Indiana Republicans opposing the bill as going too far, and others voting no because of its exceptions.
The end of Roe was the culmination of decades of work by conservatives, opening the door for states to severely restrict abortion or ban it entirely. Some states prepared in advance with abortion bans that were triggered by the fall of Roe. Lawmakers in other conservative states said they would consider more restrictions.
But, at least in the first few weeks since that decision, Republicans have moved slowly and struggled to speak with a unified voice about what comes next. Lawmakers in South Carolina and West Virginia have weighed but taken no final action on the proposed bans. Officials in Iowa, Florida, Nebraska and other conservative states have so far taken no legislative action. And especially in recent weeks, some Republican politicians have recalibrated their message on the issue.
“West Virginia tried it and they pulled off the ledge. Kansas tried it, and the voters flatly rejected it,” state Rep. Justin Moed, an Indianapolis Democrat, told the House before voting against of the bill. “Why that? Because until now it was just a theory. It was easy for people to say they were pro-life. It was easy to see things so black and white. But now, that theory has become reality and the consequences of opinions are more real.”
The Indiana bill, which bans abortion from conception, except in certain cases of rape, incest, fatal fetal abnormality or when the pregnant woman faces risk of death or certain serious health risks , now goes to Gov. Eric Holcomb, a Republican who encouraged lawmakers to consider new abortion limits during a special session he called. Beyond those limited exceptions, the bill would end legal abortion in Indiana next month if signed by the governor. Currently, the procedure is allowed up to 22 weeks of pregnancy.
“If this isn’t a government issue, protecting life, I don’t know what is,” said Representative John Young, a Republican who supported the bill. He added: “I know the exceptions are not enough for some and too much for others, but it’s a good balance.”
The bill’s passage came after two weeks of emotional testimony and bitter debate in the Statehouse. Although Republicans hold commanding majorities in both chambers, the bill’s fate did not always seem certain. When a Senate committee considered an initial version of the bill last week, no one came forward to testify in support: The American Civil Liberties Union of Indiana called it a “cruel and dangerous bill,” Ind. Right to Life described it as “weak and troubling,” and a parade of residents with differing views on abortion urged lawmakers to reject it.
Abortion rights protesters were a regular presence at the Statehouse during the session, sometimes chanting “Let’s vote!” or “Church and State!” so loud from across the aisle that it might be hard to hear lawmakers. Several Democrats cited the vote in Kansas, in which 59 percent of voters decided to preserve abortion rights, as an example of the political risk Republicans were taking. Democrats suggested putting the issue on a non-binding statewide vote in Indiana, which Republicans rejected.
More coverage of the Kansas abortion vote
“Judging by the results I saw in Kansas the other day,” said Representative Phil GiaQuinta, a Democrat who opposed the Indiana bill, “independents, Democrats and Republicans by their votes are going to demonstrate what is most important to them, and to me, and that is our personal freedoms and liberties.”
Todd Huston, the Republican speaker of the Indiana House, said he was pleased with the final version of the bill. But when asked about the protests in Indianapolis and the vote in Kansas, he acknowledged that many disagreed.
“We’ve talked about the fact that voters have an opportunity to vote, and if they’re not satisfied, they’ll have that opportunity both in November and in years to come,” Huston said.
Democrats warned of the consequences of passing the bill and pointed to the state’s status as the first to do so in a post-Roe America. Business leaders voiced concerns ahead of passage: The Indianapolis Chamber of Commerce urged the Legislature this week not to pass the bill, saying it could threaten public health and the state’s business interests .
State Sen. Eddie D. Melton, a Democrat who represents parts of northwest Indiana, spoke out against the bill in the Senate on Friday, calling it a rushed process and a power grab.
He reminded Republicans of the resounding vote in Kansas this week in support of abortion rights, a warning to Indiana lawmakers that the party could face a voter backlash.
“If that happens, the only referendum left is November,” he said.
Jennifer Drobac, a law professor at Indiana University Bloomington, said she was concerned about the speed with which the bill passed in her state and the relatively short window for the public to debate its implications.
“Law made in haste is often bad law,” he said. “This highlights the fact that these guys don’t foresee how unworkable this legislation is going to be. This is going to affect thousands of people who get pregnant in Indiana alone.”
Divisions within the Republican Party were repeatedly exposed during the session. Representative Ann Vermilion described herself as a proud Republican. But he said he thought the legislation went too far, too fast.
“The US Supreme Court’s decision to move abortion rights to the state level has peeled back an onion on the details of abortion, revealing layers and layers of such a difficult issue that I , myself, I wasn’t ready.” Ms. Vermilion said before voting against the bill.
Other Republicans echoed complaints voiced during public testimony by anti-abortion residents, advocacy groups and religious leaders. They questioned how lawmakers who came before voters as staunch abortion opponents are missing out on a chance to pass a blanket ban on rape and incest. Some opponents of abortion have argued that rape and incest, although traumatic, do not justify ending the life of a fetus that had no control over its conception.
“This bill justifies the wicked, those who kill babies, and punishes the righteous, the preborn human being,” said Representative John Jacob, a Republican who also voted against the bill. He added: “Republicans campaigned because they are pro-life. Pro-life means for life. This is not just some lives. This means all lives.”
Similar debates have taken place in West Virginia, where the House of Delegates passed a bill that would ban nearly all abortions. But the disagreement erupted when the Senate moved to eliminate criminal penalties for medical providers who perform illegal abortions, citing fears it could worsen the state’s health worker shortage. Legislation is stalled.
Delegate Danielle Walker, D-West Virginia, said she believed the abortion referendum in Kansas was a wake-up call for the more moderate contingent of Republican lawmakers.
“I think they’re seeing people go to the polls because people don’t want this, people don’t support it,” Ms. Walker.
Elizabeth Nash, a state policy analyst at the Guttmacher Institute, which supports abortion rights, said Indiana offered a glimpse of a dynamic that could deepen in other legislatures in the coming weeks: the difficulty of pleasing the its conservative base against other public oppositions. to abortion restrictions.
“In Indiana, lawmakers are now between a rock and a hard place,” he said. “They are between their base,” which demands a ban on abortion without exception, “and members of the public who say, ‘We support access to abortion.'” You can see how lawmakers, who are balancing the rights of the people, they are also looking at the next elections”.
Ava Sasani contributed reporting.