Indiana Supreme Court will take up case against state's pro-life law

The Indiana Supreme Court will hear oral arguments in a case regarding whether the state's pro-life law violates the religious beliefs of citizens.

Key Takeaways:

• The Indiana Supreme Court agreed to take up the state's appeal of the injunction of the state's pro-life law for anyone who claims a religious exemption.

• The law protects most preborn children from abortion, with exceptions for babies conceived in rape, babies who receive a life-threatening prenatal diagnosis, and babies whose mothers receive a health diagnosis.

• Five women, along with Hoosier Jews for Choice, sued to block the law, claiming it violates their religious freedom.

• Several courts issued injunctions against the bill, and the state requested the Indiana Supreme Court to take up the case.

• The Indiana Supreme Court agreed, and oral arguments are scheduled for September.

The Backstory:

The Indiana General Assembly passed SB1 in 2022, protecting most preborn children from abortion with discriminatory exceptions for those conceived in rape or incest, those diagnosed with a life-threatening health condition, or those whose mother receives a health diagnosis during pregnancy.

The American Civil Liberties Union (ACLU) of Indiana sued to block the law on behalf of five women and Hoosier Jews for Choice, arguing that it violated the state’s Religious Freedom Restoration Act (RFRA).

In December of 2022, Marion County Superior Court Judge Heather Welch ruled in favor of the ACLU and placed a temporary injunction on the law. The state of Indiana appealed, but in 2024, the appeals court agreed with Welch. However, the appeals court also ruled the injunction needed to be narrower.

In March, Marion County Superior Court Judge Christina R. Klineman issued a permanent injunction against SB1, though she did narrow the injunction to only impact those who claim the law violates their religious beliefs. Now, the Indiana Supreme Court will be weighing in.

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The Details:

The state filed an appeal asking for the case to be transferred to the state Supreme Court. On April 17, the Supreme Court granted that transfer, allowing the case to bypass the Indiana Court of Appeals.

“The Indiana Supreme Court has granted our motion for immediate transfer, sending our appeal of a Marion County judge’s permanent injunction in a challenge to Indiana’s pro-life laws straight to the state’s highest court,” wrote Indiana Attorney General Todd Rokita on X. “The lower court’s decision fundamentally misunderstands religious liberty by claiming it confers a right to abortion. We look forward to continuing our defense of Indiana’s pro-life laws in front of the Indiana Supreme Court.” 

Oral arguments are scheduled for September.

The Bottom Line:

The issue of preborn life is not one of religion, but of science. Science is clear about when life begins, and it is not reliant on one's religious belief. This case, therefore, is not one of religious freedom, but of protecting the inherent right to life that every human being is entitled to.