Indiana’s highest court supports six-week abortion ban.

The Indiana Supreme Court Upholds Abortion Ban, Leaving Room for Legal Challenges

In a significant victory for pro-life advocates, the Indiana Supreme Court ruled on Friday that the state’s abortion ban is constitutional. The decision comes after a county judge had previously deemed the ban likely unconstitutional. Once in effect, the law will prohibit abortions after six weeks, with exceptions for lethal fetal defects or serious health risks to the mother.

“The Indiana Supreme Court has just upheld the abortion laws passed by the Indiana General Assembly. We celebrate this day — one long in coming, but morally justified. Thank you to all the warriors who have fought for this day that upholds LIFE,” said Indiana’s Attorney General Todd Rokita.

The Republican-controlled General Assembly passed the measure in August 2022, making Indiana the first state to enact such legislation following the Supreme Court’s overturning of Roe v. Wade in June 2022.

Planned Parenthood and other abortion providers challenged the law, arguing that it violated rights to privacy, bodily autonomy, and self-determination. However, the Indiana court rejected these claims, citing the U.S. Supreme Court’s rejection of a similar argument in Dobbs v. Jackson Women’s Health Organization.

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Justice Derek Molter, in his majority opinion, stated that the Indiana Constitution only protects a woman’s right to an abortion when necessary to protect her life or from a serious health risk. He also emphasized that the legislature retains broad discretion in determining the extent to which abortions should be prohibited.

Despite this favorable ruling, the law still faces another legal challenge. The ACLU and Hoosier Jews for Choice allege that it violates Indiana’s Religious Freedom Restoration Act (RFRA) because some religions permit abortions in cases that are illegal under the ban.

A preliminary injunction against the law remains in effect due to a Marion County judge’s ruling. However, the injunction only applies to those involved in the RFRA challenge, meaning the law will take effect for everyone else in the state.

This victory for pro-life advocates comes at a time when many states have faced legal setbacks in implementing similar abortion restrictions. Iowa, Oklahoma, and South Carolina have all seen judges enjoin or rule unconstitutional their six-week abortion bans.