Dist. Ct. did not err in granting plaintiff’s motion for summary judgment in action alleging that Indiana statute (House Enrolled Act No. 1337) violated Constitution where it: (1) prohibited person from performing abortion if said person knows that woman is seeking abortion for certain enumerated reasons; (2) instructed those performing abortion to inform woman of said enumerated provisions; and (3) amended provisions in statute to require that aborted fetus be disposed of in same manner as human remains. Enumerated provisions in statute, which prohibited abortion if reason for abortion is because of race, color, national origin, ancestry or gender of fetus, as well as because fetus has been diagnosed or had potential diagnosis of Downs syndrome or any other disability, violated woman’s 14th Amendment right to terminate her pregnancy prior to fetus’s viability without undue interference from State. Ct. rejected defendants’ contention that although woman may terminate her pregnancy if she decides prior to becoming pregnant, she has no right to terminate pregnancy if she determines after becoming pregnant that she does not want particular child. Ct. further found that fetal disposition provisions violated substantive due process because said provisions had no rational relationship to legitimate state interest. (Partial dissent filed.)
Federal 7th Circuit Court
Civil Court
Abortion