Indiana’s near-total abortion ban is set to go into effect Tuesday, as pro-abortion activists are fighting to block it.

The restrictions put forth in the state’s Senate Bill 1 prohibit abortions at any point in pregnancy except in cases of rape and incest up to 10 weeks post-fertilization. A woman may also seek an abortion when it threatens her life or if her child has a fatal abnormality for up to 20 weeks post-fertilization.

“We have put together a bill that would not criminalize women and would protect the unborn whose voices have been silenced for the past 50 years under Roe v. Wade,” said State Sen. Sue Glick, author of Senate Bill 1.

The bill also requires parental consent on behalf of a minor seeking an abortion, unless the minor is impregnated by their parent or guardian.

In addition to putting new restrictions on abortion, the law imposes penalties on doctors, putting their medical licenses in jeopardy if they perform abortions in violation of the law.

Indiana was the first state to enact abortion restrictions after the Supreme Court reversed Roe v. Wade. Previously, abortion for any reason was legal for 20 weeks after conception.

Indiana’s Republican governor, Eric Holcomb, signed Senate Bill 1 in Aug. 2022, but the Indiana Supreme Court placed a temporary injunction on it, halting the bill from taking effect. The ACLU of Indiana had sued to block the law on behalf of Planned Parenthood and other abortion providers. 

The Indiana Supreme Court upheld the law as constitutional in a 4-1 decision in June. The ACLU filed a petition for rehearing on Monday afternoon, temporarily stopping the ban from going into effect on Aug. 1.

The ACLU of Indiana also filed a lawsuit in June on behalf of Hoosier Jews for Choice, alleging the abortion ban violates Indiana’s Religious Freedom Restoration Act. Indiana’s Supreme Court is yet to make a decision on this case.

Opponents of the bill claim the abortion restrictions will lead to increased maternal death, despite the exception in the bill allowing for abortion when the woman’s life is in danger.

Abortion advocates gathered Sunday night to protest the bill at an event organized by the Indiana National Organization for women. A mere 25 people attended the event.

Democratic Indianapolis City-County Councilor Ali Brown said, “[Abortion] is a right that I was born with, and on Tuesday, I will wake up without that right,” even though the Supreme Court ruled there is no “right” to abortion.

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