INDIANAPOLIS — The Indiana Court of Appeals upheld an injunction on the state's near-total abortion ban for those with religious beliefs that allow abortions.
The ACLU argued the ban violates women's rights in Indiana's Religious Freedom Restoration Act, or RFRA.
The RFRA, passed in 2015, prohibits government action that interferes with a person's religious exercise, unless the government can prove it has a compelling reason for doing so and uses the least restrictive means available.
The ACLU said the court also affirmed the case should proceed as a class action, applying to all whose religious beliefs would allow for abortions.
“For many Hoosiers, the ability to obtain an abortion is necessary based on a sincerely held religious belief,” said Ken Falk, legal director of the ACLU of Indiana. “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.”
(NOTE: The above video is from a previous report on the abortion lawsuit over religious beliefs.)
The state said it's about protecting life from the moment of conception.
"Even though they can bring a claim under RFRA, the state's compelling interest means the claim will not succeed on the merits," said James Barta, solicitor with the Attorney General's Office, during the December hearing.
RELATED: Indiana Court of Appeals hears arguments over whether near total abortion ban violates RFRA
The ACLU argued that while some religions believe that human life begins at conception, that is not an opinion shared by all religions or all religious people.
"For Indiana to say 'yes, we recognize secular exceptions, we recognize rape, incest, embryos destroyed in the part of invitro, we recognize all those secular exceptions, but we're not going to recognize a religious exception.' Well, what do we have RFRA for, your Honor?" Falk said.
Anyone in Indiana needing representation on this issue is encouraged to reach out to ACLU of Indiana at intake@aclu-in.org or through the online intake form.
The Office of Attorney General Todd Rokita sent the following statement to 13News regarding Thursday's injunction:
"Life is still winning here in Indiana. Today's ruling on the injunction only affects the four individuals and the single organization named in the lawsuit. But the ACLU is right about one thing - this case is far from over, and Hoosiers know our office will always fight to protect the unborn."