INDIANAPOLIS — The state's near-total abortion ban went before the court of appeals Wednesday.
The ACLU is arguing 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 state said it's about protecting life from the moment of conception.
Both sides had about 25 minutes to prove their point in court Dec. 6.
"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.
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?" Ken Falk said.
The justices are expected to have a decision at a later date.