Since last summer, 24-year-old Abigail McKinney has had an abortion, traded her poor-paying part-time job for one that’s full-time and left her abusive ex-boyfriend.
Wednesday, she cried in a room full of Indiana legislators as she shared her story.
McKinney was testifying at the Indiana Statehouse on Wednesday morning during a hearing for House Bill 1337. The bill, which passed through the House on Feb. 2 with a 74-23 vote, regards abortion — specifically, the disposal of fetal remains after an abortion or miscarriage takes place.
HB 1337, authored by Rep. Casey Cox, R-Fort Wayne, would mandate either the mother of a deceased fetus or the medical personnel responsible for the remains dispose of them through cremation or interment.
The bill would also ask a woman considering an abortion to listen to the fetal heartbeat and view an ultrasound of the fetus 18 hours before the abortion procedure, although she would have the option to sign a form denying this obligation if she so desired.
The hearing was inconclusive, as the chairwoman of the Health and Provider Services Senate committee, Sen. Patricia Miller, R-Indianapolis, decided the bill would be tabled until next week, during which time it will potentially be amended and voted on.
Both sides supporting and opposing the bill were allowed 30 minutes during the hearing to present their cases. Many testimonies were impassioned, but McKinney’s was the only one that ended in tears.
“Imagine your doctor asking you if you’d like to bury or cremate the remains of an abortion after you thought that chapter of your life was over,” McKinney said.
All eyes were locked on McKinney as she told the story of her pregnancy and subsequent abortion. At first, she said she was excited about the prospect of being a mother. But she said her excitement quickly turned to dread when she realized her verbally and physically abusive boyfriend would not support her through pregnancy and motherhood, and she could not support a child herself on the meager salary she earned from her part-time job at Barnes & Noble.
Her decision to get an abortion was emotional and difficult enough, she said. But it was made even more draining by hoops she had to jump through to follow through with her choice. HB 1337 would only add more barriers for women making the same choice, she said, by adding financial strains associated with burial or cremation costs and by adding emotional strains, as well.
“Since the summer, I have left my abuser,” McKinney said. “I am a part-time student and have a full-time job. I have my own home. I have built my life from the ground up.”
Her voice shook, thick with tears. She lifted a finger to wipe under her eye.
Sen. Jean Breaux, D-Indianapolis, raised her eyebrows as McKinney finished her testimony and walked back to her seat. One woman reached out to her as she walked through the row of seats, congratulating her. Another pumped her fist in the air, saying “good job” and ambushing McKinney with a side hug.
Before McKinney was able to testify, however, those in support of the bill claimed the legislation was only meant to make sure fetal remains are disposed with dignity after the life is already lost.
“There is nothing in this bill that limits a woman’s legal right to abortion,” said Cathie Humbarger, vice president of policy enforcement for the Indiana Right to Life, during her testimony. Humbarger said there had been accounts nationwide about fetal remains being ground up, kept in biohazard boxes and dumped into landfills.
Rep. Peggy Mayfield, R-Martinsville, a co-author of the bill, also testified in support of it, saying it regarded issues that would come up post-abortion.
“What I really want to stress is the meat of this bill deals with how we deal with fetal remains after loss of life,” Mayfield said.
However, those who oppose the bill, like McKinney, fear it would add shame, cost and emotional trauma to the process of abortion or miscarriage for women.
Jimmanee Gomez-Spears, a 35-year-old resident from Marian County, became pregnant in 2003 but suffered a miscarriage and said a mandate to bury or cremate her fetal remains would have been inappropriate and traumatizing, and could have even negatively affected her successful pregnancy six months later.
Judy Lane, 76, who had an abortion in 1963 before it was legal, testified the mandate would add unnecessary shaming to the process of abortion. Her abortion was done illegally, so it was extremely dangerous and could have killed her. After the procedure, her blood pressure dropped dangerously low. Abortions should be shame-free and safe, she said.
“This is not an experience that Hoosier women should fear in 2016,” Lane said.
The hearing ended with Rep. Cox and one of the bill’s sponsors, Sen. R. Michael Young, R-Indianapolis, answering questions from the committee members. Questions included one from Sen. Frank Mrvan, D-Hammond, who asked if it was practical to bury fetal remains, which can be very small and sometimes even liquid.
“You’re looking at this as a body and it’s just a mass,” Mrvan said.
Young and Breaux also had a brief moment of tension, during which Breaux asked Young if he knew the difference between a fetus and a human, and Young responded, “I don’t know if there’s a definition of human body.”
“There is,” Breaux said.
Cox said he has hope the bill will pass in the committee next week, provided it is actually voted on. There is a strong group of pro-life supporters in the senate and on the committee who have expressed support in the bill, he said.
“I think that it’s important that we always recognize humanity and dignity, even among our most vulnerable,” Cox said.
