INDIANAPOLIS — Does Indiana’s near-total abortion ban violate some Hoosiers’ religious freedom? That question was at the heart of debate Wednesday in the Indiana Court of Appeals, where lawyers for the state maintained it’s incumbent on the government to protect “unborn children,” starting at the point an egg is fertilized.
The latest arguments over the new abortion restrictions stem from a class action lawsuit filed by the American Civil Liberties Union (ACLU) of Indiana in September 2022 on behalf of Hoosier Jews for Choice, as well as a group of anonymous women who represent a variety of faiths.
The lawsuit argues that the new abortion law infringes on their religious beliefs and therefore violates Indiana’s Religious Freedom Restoration Act (RFRA).
For an RFRA challenge to be successful, the plaintiffs must prove their beliefs are religious — not philosophical — and “sincerely held,” as well as that the law is burdensome. The burden then turns to the state, which must show it has a public interest that a religious exemption would undermine.
Ken Falk, the ACLU of Indiana’s legal director, argued in court that the plaintiffs have been “pressured” to change their sexual behavior to not get pregnant. He said they fear they will not be able to get an abortion, even though their religious beliefs “tell (them) to obtain an abortion,” if it’s in the best interest of the woman’s physical and mental health.
“They have taken steps today, solely because of this statute, solely because of their religious beliefs,” Falk said. “That’s an incredible burden on the human experience.”
He additionally noted lawmakers included some exceptions to the abortion ban — like those for rape, incest, and in-vitro fertilization — and held that carveouts for religious beliefs are necessary, as well.
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