When the Indiana General Assembly convenes in January, State Rep. Curt Nisly will introduce a bill that would eliminate all exceptions for abortions in the state. Nisly represents District 22, which includes portions of Elkhart and Kosciusko counties. In a telephone interview this morning about his “Protection at Conception” legislation, he said, “Indiana code right now says abortion is prohibited in Indiana except a lot of exceptions. This takes out the exceptions.” He said under the informed consent section of Indiana Code, the doctor has to provide information to a woman seeking an abortion saying that life begins at conception, but in a more “scientific” way. “Therefore, I’m saying that abortion should not be allowed after life begins,”?he said. According to a Wednesday Indianapolis Star article, the measure would almost certainly be ruled unconstitutional. The U.S. Supreme Court’s 1973 ruling in Roe v. Wade and subsequent decisions have effectively established a women’s right to abortion before viability of the fetus, the story states. Nisly said when the Roe v. Wade ruling was handed down, that was based on an outdated understanding of science. “Since then, science has proven that life begins at conception,”?he said. Roe v. Wade also was partially based on an outdated religious notion, Nisly continued. He said St. Augustine had the notion that a “quickening” happens and the baby becomes alive at some point in the process. “With the knowledge that we have now, we know that’s not true,” Nisly said. Ken Falk, legal counsel for the American Civil Liberties Union of Indiana, told the Indianapolis Star that the proposal was “obviously unconstitutional.” “I do not think a legislature sworn to uphold the laws of the United States should be introducing laws that are so obviously unconstitutional,” Falk said. He dismissed the idea that President-elect Donald Trump’s Supreme Court picks may eventually help overturn Roe v. Wade. While abortion is a polarizing issue, Falk told the Star, “I’d be surprised if any court would go in and tear down anything that has so clearly and for so long been the law of the land.” Indiana has been at the center of the abortion debate since U.S. Vice President-elect and Indiana Governor Mike Pence signed a measure into law in March that made Indiana's abortion regulations some of the strictest in the nation, according to the Indianapolis Star. The new Indiana law restricts abortions based solely on fetal disability or gender and requires burial or cremation of fetal remains from an abortion or miscarriage. A federal judge has since suspended the law from going into effect, saying it would likely be found unconstitutional. Under his proposed legislation, in situations in which a high-risk pregnancy endangers a woman’s life, Nisly said, “This is the prosecutorial discretion part where the prosecutors have the discretion to determine what really happened.” In the case in which the health and/or life of the mother is at risk, Nisly said, “You always, always try to save both.” He said the child should be delivered and the baby’s life preserved. Nisly said the state also should work harder to expand adoption opportunities for pregnant women who don’t want to keep their babies. “While it’s not specifically addressed in this (legislation), Indiana should be a very welcoming place for adoption. It should be made easy and convenient to adopt in Indiana,” he said. Nisly also said his position is that the federal government has no jurisdiction in this matter, but it is the state’s responsibility under the Ninth, 10th and 14th Amendments. The Ninth Amendment states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” The 10th Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” “The 14th Amendment is due process under the law. Unborn babies don’t have due process,” Nisly explained. “Indiana’s Constitution says that we protect the life of citizens. Life can’t be taken away without due process. (The legislation) just fulfills what the Indiana Constitution requires.” Trump won the general election for U.S. President over Democrat Hillary Clinton, and Lt. Gov. Eric Holcomb won the Indiana governor’s job. Regardless of who would have won last week, Nisly said he still would have presented this legislation in January. “We would have. We’ve been working on this for many months. We were going to introduce this no matter who was elected,” Nisly said. Since it became known this week that Nisly was going to introduce his Protection at Conception legislation, he said he’s heard from people all over Indiana and beyond. “From Hoosiers I’ve heard from, the support I’ve gotten is overwhelming,” he said. He said he’s received some correspondence from people within the state and outside of it against his legislation, but “from Hoosiers, from people from Indiana, the support has been greater than the opposition.” To contact Nisly, visit his Republican Caucus page at www.indianahouserepublicans.com/members/general/curt-nisly.
