TERRE HAUTE —
Six Wabash Valley state legislators voted in favor of a new state immigration law that is now on hold after U.S. District Court Judge Sarah Evans Barker last week blocked it from taking effect July 1, saying the state overstepped its bounds.
All six local legislators — Reps. Clyde Kersey, D-Terre Haute, Bob Heaton, R-Terre Haute, Bruce Borders, R-Jasonville, F. Dale Grubb, D-Covington, and Sens. Tim Skinner, D-Terre Haute and John Waterman, R-Shelburn — said Monday they felt Indiana had to take steps to spur the federal government into action on new immigration policy.
Yet the legislators split on another issue — funding of Planned Parenthood of Indiana.
In another ruling against a state law, U.S. District Judge Tanya Walton Pratt last week issued a preliminary injunction stopping Indiana from cutting off most of Planned Parenthood’s state and federal funding solely because the health organization also provides abortions.
Kersey and Grubb were the lone Wabash Valley legislators to vote against cutting off funds to Planned Parenthood, which also provides breast exams, Pap tests and contraceptives.
Now, at least one legislator says he regrets his vote for the measure.
“That is probably one of the most regrettable votes I have ever made, and I admit it,” Skinner said Monday. “I voted for the legislation, which I think is regrettable. I felt at the time that the legislation would be changed, but that we needed to move this discussion along. If I have an opportunity in the future, I would never be supportive of that legislation again.
Skinner said he considers himself a supporter of Planned Parenthood. “There was some talk [among a group of legislators] that this might even bring some positive attention to Planned Parenthood and make us realize our obligations to fund it even more. That was really not good thinking,” he said.
Skinner said he was lobbied heavily by church organizations to support the legislation. “There was an email campaign that was pretty well organized, so I heard from a lot of people locally that wanted me to support that particular piece of legislation. You get torn as a legislator and I did not hear a whole lot from the other side,” he said.
On immigration, Skinner said he feels it’s “a federal issue, and my hope was that with the state of Indiana passing an immigration law and other states passing an immigration law, that the federal government will look at this hodgepodged stuff and say, ‘Well, that we can’t do, so let’s sit down and develop a policy we can all live with.’ That was the signal,” Skinner said.
“If the federal government chooses not to do anything, at least we have something in the state of Indiana,” Skinner added. “This is just an engine to get the federal people off their butts and recognize the fact if they don’t do something they ought to do something about, the states will do it themselves.”
State laws violate federal authority
Judge Barker ruled Indiana’s immigration law violated the Constitution’s due process and search and seizure provisions by allowing police to arrest people whose immigration status is questioned by federal authorities. The judge also ruled the law usurped the federal government’s authority by prohibiting use of ID cards issued by foreign consulates.
On Planned Parenthood, Indiana argued federal law prohibits Medicaid to cover abortions in most circumstances and that the program indirectly funds Planned Parenthood abortions.
On the two issues, Grubb said he initially voted for a bill when it left the Indiana House as “it did not contain language on Planned Parenthood. I voted against it the second time. It is a already a federal law under the Hyde Amendment that no public funds can be used for abortion,” he said.
“Those Planned Parenthood clinics provide breast cancer treatment, provide STD screenings and a multitude of other functions and many also distribute contraception. I thought it went too far and I think maybe the court statement is verifying that,” Grubb said.
On immigration, Grubb said, “I think everybody knew there was some issues in there, but it is a pretty strong sentiment that something needs to be done. If nothing else, the bill sends a message to the federal government that it is time for them to act and do something,” Grubb said.
Heaton said he hopes the Indiana Attorney General’s office can win an appeal on the state’s immigration law. “It is a federal issue, but with states like Arizona coming out, more states are starting to address it,” Heaton said. “Something has to be done and that is something we tried to address in this last session. It is something we will continue to look at.”
Heaton said he “disagrees with that ruling” on Planned Parenthood. “That was a bipartisan bill, with both Democrats and Republicans voting for defunding Planned Parenthood. As other representatives have said, you have liberal judges that do these things. It is something that will not go away and we will see what happens in the future,” Heaton said.
Kersey said he had “mixed feelings on immigration. I finally voted for it based upon the fact that this should be the federal government that takes care of that and not the state. I finally voted for it because I felt folks were breaking the law and we need to do something to stop it,” Kersey said.
Kersey said he could not vote to remove funding on Planned Parenthood, saying it would deny health care, “especially for women, who would be denied the right to have cancer screening for breast and ovarian cancer. To me that was unconscionable to pass a law to prevent that from happening, when you know full well that down the road some women will be denied the early detection of cancer and will probably die or suffer because of it,” he said.
Kersey said he does not agree with the argument the bill was to stop abortion. “Only 3 percent of the abortions in Indiana, I think, are performed at Planned Parenthood facilities and I think all of those are in Indianapolis.”
Waterman said he was “not surprised” the state’s immigration law has been put on hold. “It is not surprising with the way our courts are doing this right now across the country. I am hoping that our attorney general picks that up under an appeal. We have got to slow this illegal immigration down. I think it is a state’s issue. We are not getting any help from the federal government,” he said.
On Planned Parenthood, Waterman said, “I don’t think our tax dollars should be supporting abortion. There are few programs in Planned Parenthood that are good, but there are quite a few that are not so good,” Waterman said.
“I think these [federal] judges are out of control,” Waterman added. “They are trying to legislate now. I think the public, when the next time these judicial appointments come around, needs to remember these rulings.”
Borders said he thinks Indiana “has to do something and did do something about immigration because the federal government is simply not doing its job. It is a political hot potato. People are afraid of losing the vote, particularly the Hispanic vote. It is not anti-Hispanic thing in any way, shape or form,” Borders said.
“It is just simply saying that if you are going to live here, if you are going to enjoy the benefits of the United States of America, and particularly in Indiana, you are going to be a legal citizen of our state. I didn’t feel the law was out of bounds at all,” Borders said.
On Planned Parenthood, Borders said “our goal was basically to say to Planned Parenthood that we will fund your services as far as health care, if you will just quit killing babies,” Borders said. “I find it a huge amount of hypocrisy that they will do prenatal care, but, oh by the way, if you don’t want your baby, we will assist in killing it,” Borders said.
Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com
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