Indiana Lawmaker Introduces Bill to Ban Abortion in State

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INDIANAPOLIS, Ind. — A lawmaker in Indiana has introduced a bill that would ban abortion in the state by declaring that life begins at conception, and that any governmental attempt to violate the inalienable right to life is null and void.

“Any act, law, treaty, order, rule, or regulation of the United States government that fails to protect a person’s inalienable right to life is null, void, and unenforceable in Indiana,” H.B. 1097 reads in part. “The courts of the United States have no jurisdiction to interfere with Indiana’s interest in protecting human physical life from the moment that human physical life begins.”

The bill says that its authority to protect life from conception is derived from the 10th Amendment to the U.S. Constitution, which says that the powers not delegated to the federal government are reserved for the states, as well as the Declaration of Independence, which notes that men have been endowed by their Creator with the inalienable right to life.

It also nixes language in state statutes pertaining to the allowance of and the regulation of abortion in Indiana.

As previously reported, State Rep. Curt Nisly, R-Goshen, told reporters in November that he intended to file the bill with the January legislative season and work to end abortion in the state.

“It’s time to bring the Roe v. Wade era to its logical conclusion,” Nisly told The Times. “My goal is to deregulate abortion right out of existence in Indiana.”

Roe v. Wade centered on a Texas woman named Norma McCorvey who sought an abortion over an alleged rape. McCorvey later admitted that she had lied, writing in her book “I Am Roe” that she made up the rape story at the advice of her feminist attorneys to make her case more convincing.

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She also never obtained an abortion, but placed her child up for adoption and went on to become a vocal pro-life advocate, even going to court in an effort to overturn the ruling.

“My decisions were wrong and I am fighting with every breath to change what has occurred,” McCorvey, a Roman Catholic, said in 2008.

The majority decision of Roe v. Wade was issued by justices predominantly nominated by Republican presidents.


Nisly says that the Supreme Court isn’t always right as it has issued wrongful judgments on several occasions in American history.

“The Supreme Court has been wrong before,” he stated, “on issues like slavery, on segregation and a host of other issues, and they’ve reversed themselves, eventually.”

He also contended that the court lacks jurisdiction on the matter.

“This is the state of Indiana asserting the powers that are given to them, specifically in the 9th and 10th Amendments of the U.S. Constitution,” Nisly told the Indianapolis Star.

This week, Nisly repeated that he believes the time is right to put forward a bill to abolish abortion in Indiana.

“Republicans say we’re pro-life, but there’s not been a lot of movement,” he stated. “There’s been small things, for sure. But we’re in an environment now where something like this could and should pass.”

The bill has been referred to the Committee on Public Policy for consideration. Click here to see Nisly’s post announcing the filing of the proposal.

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