Pro-Life supporters are becoming confused as they hear divided arguments on the recent Senate Bill 1, which was signed into Indiana law on August 6th, 2022 after the overturning of Roe v Wade.
The bill was introduced into a Special Session of the General Assembly through the Indiana Senate. The bill was hoped to be pro-life but once entered into the schedule and made public, pro-life groups, supporters, pastors, pro-family organizations, leaders, and conservative voters protested against the bill calling it pro-abortion.
The bill passed the Senate shortly after session started and pro-lifers statewide were appalled.
Upon entering the House many amendments were discussed and voted on. This was a hope to make the bill better but instead amendments were passed that advanced abortion rights. It eventually moved to a final vote on August 5th and signed into law the next day.
After the passage of the bill, many pro-life groups/leaders changed their chant about how terrible the bill was and began to say it was a “pro-life win.” Legislators voted yes for SB 1 while prior running on pro-life platforms during elections and touting endorsements from large pro-family groups including Right to Life.
What was in this bill prior to amendments that made it such a vocal atrocity against preborn babies, so much so that it took the media by storm? What changed after amendments that changed Right to Life and others from not supporting it and directly calling it a victory? Were the amendments even a true factor considering they did not pull back on abortion access?
Below is a breakdown of the enacted bill in its final form. We will go through each section and describe the language. If you would like to read the bill in its entirety for yourself, the link is below.
There are 54 sections to this bill.
The enrolled language signed into law, No.1(ss) can be found here: http://iga.in.gov/legislative/2022ss1/bills/senate/1#document-ea18ee28 Final summary is below.
SECTION 1 - Removed language defining an “abortion clinic”
SECTION 2 - Removes language defining an “affiliate”
SECTION 3 - Introduces new definition for a place to have an abortion as an “ambulatory surgical center.” These are the new types of facilities that abortions can occur. They will no longer be called “abortion clinics.” The ownership of the ambulatory surgical center (new abortion clinics) will need to be majority owned by a hospital.
SECTION 4 - Defines “health care provider”
SECTION 5 - Defines “rape and incest”. It says a biological person related to the individual having sexual intercourse. It names relatives but leaves out the word “cousin”. It states that all of the following is considered rape/incest: rape, child molesting and seduction, sexual misconduct with a minor. It also states that the person does not have to be charged with the act or convicted of the offence in order for it to be called rape.
SECTION 6 - Defines “serious health risk” as necessity for abortion.
SECTION 7 - States an “executive board” can adopt new rules as they see fit. Removes language pertaining to publications for Hospital and Med facilities and the NFPA.
SECTION 8, & 9 - Removes “abortion clinics” and addresses ambulatory outpatient surgical centers. (Changing the name of abortion clinics and possibly the location) States that the health department will license and regulate these facilities.
SECTION 11 - Removes language saying an abortion clinic needs to be inspected once a year.
SECTION 12-16 - Removes language pertaining to an “abortion clinic”
SECTION 17 - This is a new section. It adds the language, “This article does not apply to in vitro fertilization.”
SECTION 18 - States the federal Patients Protect and Affordable Care Act may not provide coverage for abortion unless the abortion is permitted under IC 16-34-2-1. (Code is full language below)
WHAT IS IC 16-34-2-1? This is the Indiana Abortion Code. It reads the exceptions for abortion in Indiana law. Full code is found below.
SECTION 19 - Removes all language stating that a baby in the womb can feel pain and has a response to pain. Removes language for anesthesia on babies over 20 weeks during prenatal surgery. Removes language stating that a baby experiences hormonal stress and responses to painful stimuli earlier than 20 weeks postfertilization. Also strikes out the words, “Indiana asserts a compelling state interest in protecting the life of a fetus from the state at which substantial medical evidence indicates that the fetus is capable of feeling pain.”
SECTION 20 - A pregnant minor/ward of the state can get an abortion without parental consent according to IC 16-34-2-1 (code is defined below)
SECTION 21 - Abortion is a criminal act EXCEPT pertaining to IC 19-34-2-1 (code is defined below)
EXCEPT before viability (20 weeks) if the abortionist says it's necessary.
EXCEPT if the abortionist says birth may hurt the woman physically and cause impairment of life or physical health. Instead of removing the baby as a patient and giving life-saving care, the doctor/physician/abortionist can instead abort the baby. (Clarification for ectopic pregnancy - ectopic pregnancy should be diagnosed and under the care of the woman’s OBGYN, not an abortionist.)
EXCEPT if the abortionist says the baby will die anyway or has/may have an “anomaly.”
EXCEPT if the abortion is done by an abortionist in a hospital and/or facility named an “outpatient surgical center” (changed the name of abortion clinics) and the practice is majority owned by a hospital.
EXCEPT if the woman has filed consent with her physician.
And if he/she states the woman’s life is at risk (although the baby could be carefully removed) The abortionist can still remove her baby WITHOUT the woman’s or the father’s consent.
EXCEPT the woman who is not a ward of the state has filed paperwork from her legal guardian.
EXCEPT before the abortion occurs the abortionist must put in writing why he is removing the live baby by force with intentional result of death.
The abortionist gets to determine if the baby shall live or die.
CHEMICAL ABORTION IS NOT ALLOWED EXCEPT:
Child is under 8 weeks post fertilization according to the abortionist's calculations and given in the presence of the abortionist.
Child is under 10 weeks postfertilitzation according to the abortionist’s calculations and it is said to be a result of rape (see definition above in section 5)
ABORTION IS ALSO NOT PERMITTED UNLESS:
The abortionist determines the baby needs to be torn apart and removed in order to save the mothers life, AT ANY AGE. (at the earliest of viability of the fetus or twenty week of age, and any time after..)
The abortionist determines that no other means or procedure can be done (does not mention C-section or live birth), AT ANY AGE. (“at the earlier of viability of the fetus or twenty week of age, and any time after..”)
PARTIAL BIRTH ABORTION IS NOT ALLOWED EXCEPT:
The abortionist states it’s necessary
DISMEMBERMENT ABORITON IS NOT ALLOWED EXCEPT:
The abortionist states it’s necessary
SECTION 22 - An abortion can occur if the abortionist,
Gives the woman paperwork about the procedure
Tells her his/her name, medical license number, and emergency phone. Follow up care is provided if necessary and she is given numerous pamphlets.
Tells her that life begins at conception, the “probable” age of her baby, a “picture” of the fetus, info on how likely the baby will survive the procedure.
Tells her the medical risks of carrying the baby and giving birth.
Gives an option to hearing heartbeat and ultrasound.
Gives the woman an option of how to dispose of her baby once dead.
This section also states that if she gives birth at home, she has the option to take the dead baby to the facility to be disposed of in whatever manner she chooses. She is also informed that if the father has demanded her to have the child murdered, an abortion does not relieve him of financial support responsibilities (not sure how that is logical)
Lastly, if the abortionist feels the woman is being coerced into having the abortion he/she may choose to not proceed, UNLESS he wants to waive it and do it anyway because he documents that her life is at risk if she carries to term. **The abortionist can be the one who coerced the woman, but then he is to be at no fault.
SECTION 23 -
Abortionist must perform in a hospital setting with staff, UNLESS he/she feels it needs to be rushed.
Two abortionists must be present during an abortion.
May be done at an earlier age if there is another abortionist present who should “take control of and provide immediate care for a child born alive if the abortion fails” but if it provides risk to the mother, no care would be given to the born alive failed abortion dying baby.
One abortionist on site to murder the child. One abortionist to care for the child if the first doctor failed to kill it completely.
If the child is born alive, it is to be given a birth certificate, even if it still may die. If the child dies, it shall be given a death certificate. They are now treated as a person “under the law” and anyone who fails to “take all reasonable steps in keeping with good medical practice to preserve the life and health of the live born person shall be subject to penalties.” You can kill the child but if you fail, you have to care for it.
If the mother or father of the baby signs a paper or states that if the baby is failed to be murdered and does not want it alive, the child is not a ward of the state. If she wants it, she can take it home.
SECTION 24 - This section does not apply to a minor who marked the box saying she was raped (per definition above), it also does not apply to wards of the state.
Minors have to have permission from parents BUT…
If the minor cannot gain permission, she may petition on her “own behalf or by next friend,...for a waiver.”
The abortionist may also request a waiver from the court if parental permission is not given.
An attorney will then give notice to the parents of the petition to abort being filed.
The court will decide within 48 hours of filing the petition.
The Court will agree on the minors behalf if, 1. The Court feels she is mature enough to make a decision. 2. It is in her best interest to have the child murdered. In turn, overriding the parental non-consent.
The Court allows the minor to not pay for court costs/fees for the proceedings and will appoint her an attorney if she does not have one.
SECTION 25 - Adds in language to include “abortion inducing drugs” and states that an abortionist must have “admitting privileges” in a hospital in the case of abortion complications. The department will remove any identifying information before releasing these documents to the pubic.
SECTION 26 - Defines “Abortion Complication” and has the woman state to the physician where she obtained her abortion and details, including if she obtained abortion medication via “mail order or internet web site.” Complication reporting is done on a quarterly basis.
SECTION 27 - Reporting requirements in vague form.
SECTION 28 - Any abortionist who performs an illegal abortion (which according to this document, there is no such cases) they can be charged criminally. If a woman performs an illegal abortion (causing intentional bodily harm) she is exempt from any form of punishment of murdering her child.
SECTION 29 - Woman’s choice of final disposal of child. If she is a minor, she will need parental consent on how to dispose of the child.
SECTION 30 -If a woman decides to dispose of a child outside of the surgical center, she is responsible for costs of final disposition.
SECTION 31 - If a hospital or ambulatory outpatient surgical center has the possession of an aborted child it must cremate or contract with a local funeral home. A certificate of stillbirth is not required to be issued for an aborted fetus with a gestational age of less than 20 weeks.
SECTIONS 32-35 SEEM IRRELEVANT DUE TO PRIOR ABORTION ACCESS IN THE BILL.
SECTION 32 - An abortionist cannot perform an abortion if it is gender selective., yet this section is severable. (BUT YOU CAN IF YOU SAY YOU WERE RAPED - MOST ABORTIONS HAPPEN EARLY IN PREGNANCY)
SECTION 33 - An abortionist cannot perform an abortion if solely done because the child has a down syndrome diagnosis. This section is severable. (BUT YOU CAN IF THERE IS A DIAGNOSIS OF ANOMALY OR IF AN ABORTIONIST SAYS SO)
SECTION 34 - An abortionist cannot perform an abortion if solely done because of disability of child. This section is severable. (YET THEY CAN IN EARLIER LANGUAGE)
SECTION 35 - An abortion cannot perform an abortion if solely done because of race, color, national origin, or ancestry. This section is severable, meaning it can be changed in court.
SECTION 36 - REPEALED
SECTION 37 - Handling of “infectious waste” (WASTE = DEAD FETUS)
SECTION 38 - The establishment of a statewide maternal mortality review committee to review cases of morbidity and study how state’s abortion laws affect maternal mortality.
SECTION 39 - Expired
SECTION 40 - Defines “provider facility”
SECTION 41 - “Shall revoke the license of a physician if proven he/she has performed an abortion in violation with the exceptions listed in the code. (WHILE THERE IS NO REAL CASE FOR AN ILLEGAL ABORTION BECAUSE THE LOOPHOLES IN THE CODE ALLOW FOR MASSIVE ABORTION ACCESS)
SECTION 42 - Defines “health care facility”
SECTION 43 & 44 - Redefines “provider facility”
SECTION 45 - Removes the definition of “abortion”. Takes out language stating, “means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.” It reinstates that “abortion” is defined likewise in IC 16-18-2-1.
SECTION 46 - States that the federal Patient Protection and Affordable Care Act may not provide coverage for abortion UNLESS the abortion falls under the exceptions listed in the abortion code. (WHICH THEY ALL DO)
SECTION 47 - A health maintaince organization that provides coverage for abortion UNLESS it falls under the exceptions listed in the above abortion code. It can also offer abortion coverage therough a rider or an endorsement.
SECTION 48 - This section appears to give the mother of the dead child immunity if the baby died because she requested it to be murdered. Unless it’s an unlawful abortion or feticide. Feticide, however does not include abortion and “unlawful abortions” found in code IC 16-34-2-7, however there is no such thing because all abortions are legal in Indiana if stated for the right reason.
SECTION 49 - Defines someone who performs feticide as someone who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. This includes anyone EXCEPT:
The mother who has the baby murdered
The abortionist who murdered the baby under the abortion code
A person who accidently murdered the baby
SECTION 50 - If the baby is murdered in sync with the Abortion Code (IC 16-34-2-1) it is not considered murder, manslaughter in any degree, or feticide.
SECTION 51 & 52 - Removed articles pertaining to to Administrative Code
SECTION 53 - Creation of a Task Force consisting of four members of the House of Representatives, four members of the Senate, and others paid members to enforce prosecution. (VERY CONCERNING)
SECTION 54 - States that “an emergency is declared for this act.
ABORTION CODE, AS STATED IN SEVERAL SECTIONS ABOVE:
A physician in the code is equivalent to an abortionist.
Find it here: http://iga.in.gov/legislative/laws/2022/ic/titles/016/#16-34-2
Final Summary:
It appears that the most dangerous words in the Indiana Abortion code and throughout the text when pertaining to the abortion of a pregnancy is the words, “except” and “unless.”
At face value, and without real thought, the abortion text in SB 1 (now called SEA1) could resemble something valuable. But, after reading through the entirety of the bill, you can’t help but acknowledge something sinister happening with the abortion industry, lobby, and those of the political class that use it for political gain.
Fully what has happened is a slight of hand, here you see the industry of murdering babies, and now you don’t.
While the industry is alive and gaining ground, it has, however, made itself hard to find. The illusion is that we no longer will see the numbers on reports, witness women entering Planned Parenthood, and feel like abortion is dwindling in our state. The reality however, is that abortion will now be available in most every hospital, outpatient center, and clinic in our state while we will no longer have the knowledge of when and where babies are dying.
In conclusion we have traded out our seven existing abortion clinics for hundreds of others.
This new language in conjunction with existing language has done a few things that the whole country should be aware of before Indiana receives some kind of noble award for passing a “near ban on abortion,” as politicians and media alike have dubbed it.
It hides the industry. By changing the name of “abortion clinics” to “outpatient ambulatory surgical centers” we now will have to hunt and find the location of abortion practices.
It tries to sound like all abortions are not legal UNLESS…
If you are having an abortion for the right reason, no one can deny you an abortion. Under the consultation of your local family abortionist, he/she will be sure that you check the right box on your form.
Insurance will pay for abortions and the Affordable Care Act will pay for abortions as long as they fall into the “Abortion Code” which allows for all abortions.
It provides extreme political cover for lawmakers who have done very little to protect children in our state.
Faux pro-life organizations will gain monetary donations and volunteer support hinged on a lie that abortion is nearly banned in our state.
Because of our weak laws and large gaps in the code, women from Ohio, Kentucky, and other nearby areas will travel here to kill their babies. This has already begun as the rates at current clinics have doubled since the overturning of Roe. Ohio, Kentucky, and now Wisconsin have shut clinics down, which is bringing in a new client source to Indiana abortionists.
Minors will have access to Judges/attorneys that can and will remove parental non-consent and allow for procedures that parents oppose.
Planned Parenthood will change its name in Indiana but they will now be able to work more freely in and through their victims as they will be hidden from plain site, portrayed now inside “safe” hospital settings.
Taxpayers will be funding abortions.
The formation of a task force is concerning and disturbing and deserves the attention of Hoosiers as it could very well affect all families in our state.
Abortion is a money maker, and the industry is full steam ahead, whether you see it or not.
In finality, there are 54 sections detailing how and when and why you can murder a baby. This complicated document called SEA1 is really just regulating child killing, instead of banning abortion and granting all unborn children equal protection under the law.
After 50 years of promising they’d ban abortion as soon as Roe was overturned, detailing which babies can live and which can die isn’t what we expected from our Republican super majority legislature.
Real pro life politicians wouldn’t make it lawful for any of our preborn to be put to death, but instead, they would protect them.
Unborn babies are human beings from the moment of conception and they have a right to live, just like you and I do, regardless of how they were conceived or if an abortionist decides they don’t.
Any law that ends with “and then you can kill the baby” is a bad law. And there’s a lot of that in SB1. Liberty Defense, in conclusion, does not support SB1 as it moved through the legislative process and certainly not now as it has been renamed SEA1 and signed into law.
This law is not pro-life, regardless of the media hype. While some will gain politically off of duping Hoosier voters into the "abortion ban" rhetoric, many will begin to research themselves and find interest in getting involved in the political process. We encourage all Hoosiers to read the bill and make their own conclusion.
At the end of the day voters will see that bad people make bad laws... and it's never the wrong time to do the right thing.
Contact Liberty Defense by texting the word LIBERTY to 260-693-7334
Amy Schlichter
Liberty Defense, President