Democratic candidate for governor Jennifer McCormick released an abortion rights plan last week, which acknowledged legislative hurdles under Indiana’s near-total abortion ban.
McCormick said in a press release she reaffirmed her commitment to restoring the rights and freedoms women had under Roe v. Wade, which was the rule of law for 50 years before it was overturned.
“This election is a referendum on abortion rights in Indiana,” McCormick said. “I trust women and their healthcare providers to make the best decisions for their health, and it’s time we bring common sense and balance back to our state policies.”
Indiana became the first state to enact tighter restrictions after the U.S. Supreme Court ended federal abortion protections by overturning Roe v. Wade in June 2022. Rare exceptions to the near-total ban include when the health or life of the mother is at risk as well as in cases of rape, incest and lethal fetal anomalies in limited circumstances.
The Indiana Supreme Court upheld the state’s ban in June 2023, ending a broader legal challenge brought by the same plaintiffs, but said the state’s constitution protects a woman’s right to an abortion when her life or health is at risk. Indiana’s clinics stopped providing abortions ahead of the ban officially taking effect in August 2023.
A Monroe County judge ruled last month against abortion providers who are seeking to broaden access to the procedure under the near-total ban state lawmakers passed after the U.S. Supreme Court ended federal protections in 2022.
Republican candidate for governor Senator Mike Braun and Libertarian candidate for governor Donald Rainwater are both anti-abortion, according to their respective campaign websites.
Braun believes that “pro-life means pro-family,” according to his campaign website.
“State lawmakers must work to ensure the gains we have made to protect life are secured and strengthened, while working to help mothers and their infants receive the care and social support they deserve to ensure a healthy start to life,” according to Braun’s campaign website.
Rainwater is a “pro-life libertarian” who believes in the libertarian pillar of non-aggression principle, which states that the initiation of aggression is illegitimate.
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“By embracing the NAP and advocating for the rights of all individuals — born and pre-born — we can build a society that truly respects life and freedom,” according to Rainwater’s campaign website.
In her platform, McCormick outlined a handful of executive actions she would take to protect reproductive rights in Indiana.
First, McCormick would direct the Indiana Department of Health to interpret existing laws in a way that would maximize legal access to abortion services and reduce barriers that clinics and providers face, according to the release.
McCormick would prioritize reproductive health funding in the state budget to ensure women have access to a full range of reproductive health services. Then, she would shift focus from enforcement to compliance assistance for clinics and providers, which would create a more supportive regulatory environment, according to the release.
Next, McCormick would appoint abortion rights supporters to relevant state boards and commissions, like the Medical Licensing Board, to ensure the state’s policy implementation aligns with trusting women and healthcare providers, according to the release.
McCormick would also fight to protect the privacy of Hoosiers’ medical records, including terminated pregnancy reports. An anti-abortion group is currently suing the Indiana Department of Health after it stopped releasing individual terminated pregnancy reports, which they argued could violate patient confidentiality. The number of abortions performed between Oct. 1 and Dec. 31, 2023 was 46, compared to 1,724 abortions during the same time period of 2022, before the state’s ban went into effect.
She would use the governor’s office as a platform to defend abortion rights and inform Hoosiers of their reproductive freedoms, according to the release.
Beyond those measures, McCormick would push for legislative change to create citizen-led ballot initiatives to allow voters to repeal Indiana’s extreme abortion ban directly, according to the release.
“When I’m elected governor, the people of Indiana will have spoken loudly and clearly in favor of abortion rights,” McCormick said in the release.
Abortion rights supporters have prevailed in the six citizen-led state ballot initiatives put before the voters since the Dobbs decision, including in neighboring Michigan, Ohio and Kentucky. Ten more states are considering similar measures, including Missouri, in November.