INDIANAPOLIS, Indiana (AP) -- The Indiana Supreme Court upheld a law Wednesday that requires women seeking an abortion to get counseling and to wait at least 18 hours after the session before going through with the procedure.The court ruled 4-1 that opponents of the law could not pursue their lawsuit, which argued that privacy is a core right under the state constitution that extends to women seeking to end their pregnancies.The court said such a challenge would fail because the law "does not impose a material burden on any right to privacy or abortion that may be provided or protected" under the state constitution.The court said it was not ruling on whether the state constitution included a right to privacy or to abortion.The state attorney general's office argued before the court in June that privacy was not a specific right enforceable by Indiana courts and said the General Assembly has broad discretion in passing laws.Sarah Rittman, a spokeswoman for Attorney General Steve Carter, said the office would have no comment on the ruling."We're disappointed," said Fran Quigley, executive director of the Indiana Civil Liberties Union.He said the law poses a financial burden for some women because it forces them to make two trips to a clinic that in many cases is not in their home county.Quigley said his group would discuss with the abortion providers that filed the lawsuit about whether to seek another hearing before the state Supreme Court, which has the final say in the matter because it concerns the state constitution.Federal courts have upheld the 1995 law, which didn't go into effect until 2003 because of court challenges.The lawsuit was dismissed by a Marion County judge, but the Court of Appeals ruled the abortion providers could continue their challenge.Abortion counseling is required in 31 states, and 23 states also require a subsequent waiting period -- usually 24 hours, according to the Guttmacher Institute, a nonprofit group that researches reproductive health issues.Indiana is one of six states that requires the counseling sessions be conducted in person.The counseling, which pertains to medical risks and alternatives, can be avoided in the event of a medical emergency.Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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