Indiana Supreme Court supports near-total abortion ban.

The Indiana Supreme Court Upholds State’s Near-Total Abortion Ban

The Indiana Supreme Court made a significant decision on Friday, upholding the state’s near-total abortion ban. This ruling overturns the preliminary injunction that has prevented the legislation from taking effect since September.

“Indiana’s constitution protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions,”

The ban, which was passed in August 2022, allows abortion only in cases of fatal fetal anomaly, serious maternal health risk, or rape. While the law was under injunction, the prior 20-week gestation standard for abortion remained in effect.

The American Civil Liberties Union of Indiana filed a lawsuit in September 2022 to block the provision’s implementation. A judge in Marion County declared the statute unconstitutional, leading to oral arguments in the state’s Supreme Court in January.

“Our laws have long reflected that Hoosiers, through their elected representatives, may collectively conclude that legal protections inherent in personhood commence before birth, so the State’s broad authority to protect the public’s health, welfare, and safety extends to protecting prenatal life,”

However, the legal director for the ACLU of Indiana, Ken Falk, argues that the Supreme Court’s vacation of the injunction does not mean the abortion ban can be enforced yet. This is because a second case against the legislation is still pending.

In August 2022, the ACLU of Indiana filed a second lawsuit on behalf of Hoosier Jews for Choice under the state’s Religious Freedom Restoration Act. Falk asserts that the abortion ban infringes upon the religious liberty of individuals from Jewish and other faith traditions that do not have a moral obligation against abortion.

While the Marion Superior Court granted a second preliminary injunction against the ban in this case, it only applies to the plaintiffs involved in the lawsuit. The case related to the Religious Freedom Restoration Act is scheduled for oral arguments before the Supreme Court in September.

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