Why Indiana’s abortion ban (still) can’t be enforced against some people of faith

April 5, 2024

The Deseret News reports that a federal judge on Thursday ruled that an injunction blocking the state’s near total ban on abortion may remain in place as certain groups challenge the law on the grounds of religious freedom.

The case is unique, in that certain religious abortion-rights supporters are saying that the law violates their free exercise of religion by interfering with their ability to let their faith guide their own decisions.

Indiana was among a number of states that passed more strict abortion laws following the U.S. Supreme Court’s overturning of Roe v. Wade in June of 2022. In the Hoosier State, abortion is prohibited in most cases, with limited exceptions in the case of rape, incest or a serious threat to the mother’s health.

A group called Hoosiers Jews for Choice, along with a group of unnamed religious women, mounted a challenge to the law, saying it violated the state’s Religious Freedom Restoration Act. An injunction was granted in December 2022 preventing the state from enforcing the policy against those specific groups.

The Indiana Court of Appeals on Thursday upheld much of that ruling, saying that the lower court should clarify possible exceptions to the injunction. This also allows the case to move forward as a class action suit which would allow others with religious freedom concerns about Indiana’s abortion law to join the case.

It remains unclear whether the religious freedom challenge will lead to permanent changes in the state’s abortion law.

Photo: top, Credit: Arleigh Rogers/Associated Press