Federal Judge Strikes Down Speech-limiting ‘Aid-or-Assist’ Provision in 2017 Indiana Abortion Law

INDIANAPOLIS, IN  —  On Wednesday, May 1, 2024, the U.S. District Court for the Southern District of Indiana ruled that a 2017 Indiana law that prohibited health care providers from providing certain information about abortion to young people violates the First Amendment. The law prevented doctors and other licensed health care professionals from informing a pregnant, unemancipated minor that they could obtain an abortion in another state where parental consent is not required. With rare exceptions, abortion has been banned in Indiana since 2023. 

Judge Sarah Evans Barker granted summary judgment in the case, initially filed in 2017 by the American Civil Liberties Union (ACLU), ACLU of Indiana, and Planned Parenthood Federation of America on behalf of Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, Kentucky, Inc.

A preliminary injunction blocking the statute has been in place since 2017, when the law was passed, preventing it from ever being enforced. By ruling in favor of the plaintiffs, Judge Barker rejected the state's effort to silence health care providers and isolate young people in need of critical health care information.

The ACLU of Indiana and the ACLU are currently challenging a similar provision in a 2023 law prohibiting physicians or licensed health care practitioners from taking "any action that aids or abets another physician or practitioner in the provision of gender transition procedures for a minor." That case, K.C. v. Medical Licensing Board of Indiana, is under review by the United States Court of Appeals for the Seventh Circuit. 

Gavin Rose, Senior Staff Attorney for ACLU of Indiana:

“Given Indiana’s near-total ban on abortions in the state, it is extremely important that medical providers and other persons retain the ability to inform patients, including minors, of their out-of-state options for receiving this vital health care. We are grateful that the Court recognized that this right is one that is protected by fundamental free-speech principles." 

Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky (PPGNHAIK):

“Young people deserve full access to reproductive health care, period. Politicians attempting to block critical information that prevents minors from accessing care across state lines while abortion services are almost completely banned is beyond extreme; it’s cruel and inhumane,” said Rebecca Gibron, CEO of Planned Parenthood in Indiana. “State laws mandating parental consent are unethical and harmful to the safety and well-being of young people, specifically those subject to unsupportive and abusive situations at home. They create obstacles to timely care and force young people to incur additional costs to obtain care or forego care altogether. Planned Parenthood is grateful for any progress in removing barriers to essential care for all Hoosiers.”

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Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 35 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. Planned Parenthood is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.

Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With nearly 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

The ACLU of Indiana is the state’s guardian of liberty, working daily to defend and preserve the individual rights and liberties guaranteed by the Constitutions and laws of the United States and Indiana. Using education, advocacy, and litigation, we work to protect the rights of all and to extend rights to communities that have historically experienced injustice in the U.S., including Native Americans and other people of color, women, LGBTQ+ individuals, prisoners, people with disabilities, and the indigent. We are nonprofit and nonpartisan, and we never charge for our services. Member dues and contributions and grants from private foundations and individuals pay for the work we do.

For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. For more information on the ACLU, visit https://www.aclu.org.