County Judge Kelsey B Hanlon imposed the temporary injunction last September, arguing that the law violates the Indiana constitution's privacy protections. Indiana Supreme Court Justice Derek R. Molter wrote that the pro-life law adheres to the state constitution's requirements due to its exceptions. He wrote that the Indiana constitution, “protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”
The Indiana Supreme Court also wrote that the abortion businesses challenging the law “cannot show a reasonable likelihood of success” arguing that the entire law is unconstitutional.
A separate challenge claims that the law violates Indiana's Religious Freedom Restoration Act (RFRA). This challenge claims that abortion can be a religious ritual, and it oppresses those whose religions allow abortion. The RFRA challenge is moving forward as a class action lawsuit. If this challenge is successful, the law would not apply to women who say their religion permits abortion.
