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Parts of Indiana's Abortion Law Ruled Unconstitutional

A temporary injunction keeping the law from going into effect became permanent Friday.

INDIANAPOLIS--Parts of the state's abortion law has been ruled unconstitutional. Judge Tanya Walton Pratt granted a preliminary injunction on June 30, 2016, blocking provisions of a law passed last year, that were set to go into effect the following day.

The injunction became permanent Friday. 

The law bans an abortion if the mother is choosing to abort because the fetus may have a disability, such as Down syndrome.  

"What this law represents is an unprecedented attempt by the state to ignore constitutional rights and invade women's privacy," said Ken Falk, the ACLU's legal director. The ACLU filed a lawsuit in 2016.

The requirement that doctors ask a woman why she is choosing abortion, especially if the abortion is taking place in the first trimester, is one reason for the lawsuit, Falk said.  

"The United States Supreme Court has been quite clear that, especially in the first trimester, the woman's privacy right here means that she and she alone - in consultation with her doctor - can decide whether or not to obtain an abortion," said Falk.  

During Monday's joint news conference by the ACLU of Indiana and Planned Parenthood of Indiana and Kentucky, Falk said he hopes cooler heads will prevail when deciding whether to appeal the ruling.

"Women do have the right to seek an abortion. Any type of legislation or efforts to go against that will be ruled unconstitutional," said Christie Gillespie, president of Planned Parenthood of Indiana and Kentucky.

PHOTO: Thinkstock/Kagenmi

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