Court of Appeals sides with ACLU on abortion case

The Indiana Court of Appeals sided with American Civil Liberties Union of Indiana on Thursday, upholding a previous court’s decision that a small group of Hoosiers should be granted the right to abortion care under the state’s religious freedom law. It’s a small win for abortion rights supporters, though it doesn’t immediately expand abortion access to Hoosiers who aren’t involved with the case.

The ACLU of Indiana is fighting a legal battle for the state to allow abortion care for people who hold the religious belief that life does not begin at conception. This challenge is one of several the state’s ACLU has launched since the state’s near-total abortion ban was signed into law in 2022.

There are narrow exceptions in the cases of rape or incest up to 10 weeks post-fertilization, to protect the life of the mother and in the case of fatal fetal abnormalities

ACLU sued on behalf of five anonymous Hoosiers and the group Hoosier Jews for Choice for the right to an abortion under the state’s religious freedom law. A Marion County Superior Court judge sided with ACLU in December 2022 and ordered those individuals be allowed the exemption.

On Thursday, the Indiana Court of Appeals agreed with the lower court judge decision. The decision may be reviewed by the Indiana Supreme Court. The state will continue to fight this case, a spokesperson for the Office of the Attorney General said.

That doesn’t extend to others who may share the same religious objection to the abortion ban.

“For many Hoosiers, the ability to obtain an abortion is necessary based on a sincerely held religious belief,” said Ken Falk, ACLU of Indiana legal director, in a statement. “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.”

ACLU is continuing to build a class action case with the goal of allowing other state residents’ the same religious exemption.

Indiana Right to Life condemned the Court of Appeals’ decision.

“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,” said the organization’s president, Mike Fichter. “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.”

While one of the previous ACLU challenges halted the ban for about a year, the state law has been in effect since last August after the Indiana Supreme Court denied a request to hear the case. Since then, abortion clinics closed down, leaving only a few hospitals to provide the service to those who qualify for exemptions of rape, incest and to save the life of the mother.

In the last three months of 2023, the state recorded 46 abortions, according to state records. That’s a significant decrease from the 1,724 abortions recorded in the same time period in 2022.