Abortionists sue to stop mandatory reporting to health department
Two Indiana abortionists — one of whom leaked a 10-year-old rape survivor’s story to the press — are suing to stop the Indiana Department of Health from releasing public abortion records, something pro-life groups argue is an effort to avoid transparency.
Abortionists Caitlin Bernard and Caroline Rouse filed a lawsuit against Voices for Life and the state health commissioner requesting that the Marion County Superior Court enter a temporary restraining order to block the release of Termination of Pregnancy Reports.
“We are once again in court defending our patients and their right to privacy,” the abortionists said in a joint statement ahead of the case that was heard on Feb. 11. “Everyone receiving medical care deserves to have their personal health decisions and pregnancy outcomes protected.”
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“There is no reason to release this sensitive information to the public. We will keep fighting to protect patient privacy and the trust between doctors and patients,” Bernard and Rouse added.
According to the Indiana Capital Chronicle, the Termination of Pregnancy Reports requires abortionists to provide demographic data on abortion patients, "including: age, county and state of residence, marital status, race and ethnicity, and the circumstances of their abortion."
The court heard arguments for and against the release of the records last Tuesday.
The Thomas More Society, a nonprofit law firm representing Voices for Life, filed a memorandum in opposition to the request from the abortionists for a temporary restraining order.
According to the Thomas More Society, the idea that the information in the TPR could lead to a violation of patient privacy is “pure speculation.”
“The TPR requirement has been a feature of Indiana law for decades. There is no evidence that the public release of TPRs has actually allowed anyone to identify a patient. There is no evidence it is even possible to use the unredacted TPR to identify the patient. And there is certainly no evidence that the IDOH’s release of redacted TPRs will enable anyone to identify a patient."
Following last week's hearing, the Thomas More Society argued in a press release that the TPRs do not include information that would expose an abortion client’s identity. The law firm also noted that Indiana abortionists are required by law to submit reports without any identifying information to ensure that they are in compliance with state laws.
“TPRs are not considered confidential medical records under Indiana law and historically, the IDOH has routinely released TPRs upon request as public records,” The Thomas More Society added.
The lawsuit from the abortionists follows a settlement earlier this month between Voices for Life and the Indiana Department of Health, securing the release of the TPRs that Bernard and Rouse attempted to block.
As part of the settlement, the state health department agreed to redact information that could reveal an abortion client’s identity but not details that would inhibit an examination of whether an abortionist complied with Indiana’s abortion laws. The details that the health department agreed to keep in the reports included the facility where the abortion is performed, the name of the abortionist, and whether parental consent or a waiver of consent was obtained.
Other information that would remain in the reports included the abortionist’s determination of how far along the pregnancy was and the reason for the abortion. The details regarding the reason for the abortion could specify whether a woman sought to terminate her pregnancy due to either rape, incest, a health risk, or the unborn child having developed a fetal anomaly.
“It’s no secret that the abortion industry seeks to avoid scrutiny whenever it can,” Thomas Olp, the executive vice president of the Thomas More Society, said about the abortionists’ lawsuit to block the release of public abortion information.
“This lawsuit, filed by two Indiana abortion doctors, is just another blatant attempt to block transparency and evade accountability,” Olp asserted.
“To ensure that the Hoosier State’s abortion industry is following the law, Termination of Pregnancy Reports must be released as public records, as our recent settlement with the Indiana Department of Health makes clear. On behalf of our client, Voices for Life, we look forward to fighting back against Indiana’s abortion industry in court.”
Melanie Grace, the executive director of Voices for Life, argued that Bernard’s claim that the lawsuit is about protecting patient privacy “rings hollow,” accusing the abortionist of exploiting a minor’s trauma for “political gain.”
“These abortionists will stop at nothing to hide these reports, and we can only wonder what they are afraid of coming to light,” Lyon stated.
Bernard made headlines in 2022 after revealing publicly that a 10-year-old rape survivor had crossed state lines to get an abortion. That same year, Indiana Attorney General Todd Rokita announced that his office was investigating whether Bernard violated state law by failing to report the underaged abortion of the rape victim to authorities.
A tort claim filed on Bernard’s behalf at the time contended that she complied with reporting requirements under Indiana law.
According to an official filing obtained by Fox News Digital, Bernard erroneously filed a report with authorities about the underage girl's abortion but misreported her rapist's age. The abortionist claimed the man was 17-year-old, but he was 27 at the time.
An Indiana Department of Health spokesperson told The Christian Post at the time that "Providers must enter the age of the father, or an estimated age if the actual age is unknown, on all terminated pregnancy reports."
In 2018, Indiana Right to Life reported that Bernard and several other abortionists were the focus of 48 consumer complaints from parents statewide who alleged they "failed to follow the legal reporting requirements to protect young children from sex abuse."
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
