December 6, 2022

Indiana Judge Blocks Pro-life Law; Claims Religious Freedom Grants Abortion Rights

A second judge has issued an injunction blocking Indiana's law prohibiting most elective abortions. This time the injunction was issued on the grounds that it violates Indiana's Religious Freedom Restoration Act.

Marion County Superior Court Judge Heather Welch issued the new injunction on Dec. 2, siding with the pro-abortion groups who claimed the law violated their religious beliefs. This group consists of five individual women and Hoosier Jews for Choice represented by the ACLU.

“For example, under Jewish law, a fetus attains the status of a living person only at birth,” the ACLU lawsuit reads. “Jewish law recognizes that abortions may occur, and should occur as a religious matter, under circumstances not allowed by (the near-total abortion ban) or existing Indiana law.”

The ACLU is arguing that it is illegal for the Indiana government to grant rights to preborn humans because some religious people believe those humans don't deserve rights. Even further, if abortion "should occur as a religious matter," the group is arguing that abortion is a religious rite under Jewish law. The claim that abortion is a religious rite is echoed by The Satanic Temple when it files lawsuits to try and block pro-life laws.

Indiana Senate Enrolled Act 1 is already blocked by courts pending a decision on the law's constitutionality. Owen County Judge Kelsey Hanlon issued that injunction back in September. Now, even if the Indiana Supreme Court overrules that injunction, courts would need to resolve this second injunction before the state could enforce the law.