Appeals court broadly applies ‘religious freedom’ to uphold block on Indiana abortion law

An Indiana appeals court has granted a victory to a group of plaintiffs who claim the state’s law protecting preborn children from abortion violates their religious freedom.

In 2022, the Indiana General Assembly passed a law protecting most preborn children from abortion, with exceptions included for the life or health of the mother, rape or incest, and when the child is expected to die during pregnancy or at birth. A group of five women, along with Hoosier Jews for Choice, then sued in September of 2022, claiming the law violates their religious rights under the state’s Religious Freedom Restoration Act (RFRA). A trial court granted a preliminary injunction against the law for the plaintiffs until their claim could be resolved, and also agreed the suit could move forward as a class action.

The state of Indiana appealed the ruling, and the appeals court then agreed with the trial court, upholding the injunction but ruling it needed to be made narrower. The court ruled that because the state allows exceptions in the pro-life law, its argued “compelling interest” in protecting preborn lives is not actually compelling at all.

“We conclude that Hoosier Jews for Choice has associational standing, that Plaintiffs’ claims are ripe, and that the class action certification was not an abuse of discretion,” the ruling said. “Although we find the trial court did not abuse its discretion in granting injunctive relief, the preliminary injunction is overly broad because it enjoins enforcement of the Abortion Law in ways that do not violate RFRA. We therefore affirm but remand for entry of a narrower injunction.”

Kelsey Hazzard, founder and president of Secular Pro-Life, explained that the ruling has now made human sacrifice legal in Indiana. She explained, “If a state permits a single legal abortion, by this logic, it must permit abortions for anyone who claims a religious motivation.”

She continued, “And here’s the kicker: they forgot that Indiana has similar exceptions to homicide. […]

“Because Indiana has legislated at least two exceptions to its homicide law, Indiana does not have a compelling interest in enforcing that law against religiously motivated murderers. Let the legal human sacrifices and honor killings begin!”

According to court documents, one of the anonymous Jewish plaintiffs “believes life begins when a child takes their first breath after birth and that the life of a pregnant woman—including her physical and mental health and wellbeing—“must take precedence over the potential for life embodied in a fetus.” Two other plaintiffs are listed as a Jewish same-sex couple without children who had planned to attempt to conceive using assisted reproductive technology, but will not do so unless abortion is available to them.

Another plaintiff reportedly “does not believe in a single, theistic god” but instead “believes in a “supernatural force or power in the universe that connects all humans” and that “we are endowed with bodily autonomy that should not be infringed upon” and “does not believe that life begins at conception.”

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In a press release, the ACLU of Indiana, which is representing the plaintiffs, applauded the ruling and encouraged other women to join the lawsuit.

“For many Hoosiers, the ability to obtain an abortion is necessary based on a sincerely held religious belief,” Ken Falk, ACLU of Indiana Legal Director, said. “The burden placed on these individuals by Indiana’s abortion ban is absolute and life-altering. The Religious Freedom Restoration Act is clear that it protects religious freedom for all Hoosiers, and the Court of Appeals’ decision today reflects that clear directive.”

It appears from the range of plaintiffs’ espoused views that “sincerely held religious beliefs” is being applied broadly.

READ: Despite a trisomy diagnosis and multiple miscarriages, they didn’t give up hope

The Satanic Temple tried to use religious freedom to overturn Indiana’s pro-life law last year but failed.

Indiana Right to Life condemned the ruling in a press release. “Today’s court ruling is wrongly decided. The Indiana Supreme Court has already ruled the state has a compelling interest in protecting unborn life, and Indiana’s new abortion-restriction law is doing that by reducing Indiana abortions to the lowest level in five decades,” Indiana Right to Life President Mike Fichter said. “We are confident Indiana will prevail against any claims that abortion — the intentional ending of an innocent and helpless human life — is a religious freedom.”

It is expected that the state of Indiana will appeal the ruling to the state Supreme Court, and on X (formerly Twitter), Attorney General Todd Rokita vowed to keep fighting for life.

“Life is still winning here in Indiana,” he said. “Yesterday’s ruling on the injunction only affects the four individuals and the single organization named in the lawsuit. But the ACLU is right about one thing – this case is far from over, and Hoosiers know our office will always fight to protect the unborn.”

The DOJ put a pro-life grandmother in jail for protesting the killing of preborn children. Please take 30-seconds to TELL CONGRESS: STOP THE DOJ FROM TARGETING PRO-LIFE AMERICANS.