INDIANAPOLIS — Indiana's attorney general's office filed an appeal asking a higher court to overrule a Marion County judge’s order blocking the state’s new abortion law because it may violate religious freedom.
The state also asked the Indiana Supreme Court to bypass the court of appeals and take over the case.
On Dec. 2, a Marion County judge granted the ACLU of Indiana’s request for preliminary injunction under the grounds that new abortion restrictions violate the religious freedoms of its clients. The state filed its appeal on Dec. 9 and, this week, the court posted it received the request.
The ACLU of Indiana represents five women of different faiths and Hoosier Jews for Choice. Its clients report changing their behavior to avoid getting pregnant because of the law. They argue their religions allow abortion in circumstances not allowed under the new restrictions.
Marion County Judge Heather Welch granted the plaintiffs' request, writing the law “imposes a substantial burden on Plaintiffs’ religious exercise.” She also disagreed with the state’s argument that it needed to protect the unborn writing, “This Court finds that the question of when life begins is a theological one not a factual question for this Court."
It was the second order blocking the enforcement of the law, which prevents all elective abortions and only allows abortions in certain circumstances. State lawmakers did allow for exceptions for victims of rape or incest, to protect the life of the mother or if the fetus has a fatal anomaly.
Another lawsuit about whether the same law violates Indiana’s state constitution led to the first preliminary injunction. The ACLU of Indiana represents Planned Parenthood, other abortion providers, a local doctor and abortion rights group in that case. Indiana’s Supreme Court has agreed to review that case and is set to hear oral arguments on Jan. 19, 2023.