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STATEWIDE — The state may have enacted a near-total abortion ban almost two years ago, but the Indiana Court of Appeals recently determined that the ban goes against some religious freedoms.

Court members upheld an injunction against the ban Thursday, meaning the ban may not yet be enforced against those protected by the ongoing lawsuit.

As the ban is written, abortions are only allowed – within certain timeframes – if an individual has gotten pregnant due to rape or incest, faces a serious health risk, or is carrying a fetus with fatal birth defects.

The ACLU of Indiana represents a group that sued the state in 2022. The plaintiffs argued that the abortion ban failed to protect the religious freedoms of those who were not in agreement with the legislation.

Essentially, they stressed that some faiths determine that life begins at birth, not at conception, and that the health of those who might bear the children must also be protected.


Following the Court’s decision, the Indiana Democratic Party released a statement saying, “We will continue to stand with Hoosier women of all faiths and backgrounds to restore full reproductive freedom.”

ACLU of Indiana Legal Director Ken Falk noted, “The Religious Freedom Restoration Act is clear that it protects religious freedom for all Hoosiers, and the Court of Appeals’ decision today reflects that…directive.”

But, the battle has not ended.

The state’s Supreme Court can challenge the ruling, and some pro-life groups are already expressing their disappointment.

Indiana Right to Life President Mike Fichter said, “Today’s court ruling is wrongly decided… We are confident Indiana will prevail against any claims that abortion…is a religious freedom.”

Roe v. Wade was overturned by the U.S. Supreme Court in June of 2022.