Indiana Supreme Court upholds preliminary injunction on abortion law for those with religious objections

Criterion staff report

On April 4, the Indiana Court of Appeals upheld a Marion County Superior Court judge’s December 2022 preliminary injunction on the state’s law protecting most unborn children.

The injunction only applies to a narrow group of people in an August 2022 class action lawsuit filed by the American Civil Liberties Union (ACLU) of Indiana claiming that, based on Indiana’s Religious Freedom Restoration Act (RFRA), the law violates their right to abortions prohibited by the statute.

Even though the preliminary injunction was upheld, the Court of Appeals’ ruling states that the injunction “is overly broad because it enjoins enforcement of the Abortion law in ways that do not violate RFRA. We therefore affirm but remand for entry of a narrower injunction.”

The office of Indiana Attorney General Todd Rokita issued a statement the same day in response, saying that, despite the decision, “life is still winning” in Indiana.

“Today’s ruling on the injunction only affects the four individuals and the single organization named in the lawsuit,” the statement read. “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.”

The lawsuit was originally filed in August 2022 by the ACLU of Indiana on behalf of Hoosier Jews for Choice and four anonymous women who represent a variety of faiths.

In December 2022, a Marion County Superior Court judge granted a preliminary injunction against the law, applying only to the plaintiffs in the case.

The judge also granted class-action status to the suit, opening participation to others who claim their religious freedom is restricted by the law, which limits abortion up to 10 weeks gestation in instances of rape or incest, up to 20 weeks gestation in cases of lethal fetal anomalies, or when the mother’s life is in danger from specific medical issues.

Rokita sought to appeal the December 2022 preliminary injunction and class action decisions directly to the Indiana Supreme Court. The request was denied, sending the case through the state’s Court of Appeals.

In upholding the lower court’s class action designation of the suit, the Court of Appeals opinion declares the decision “not [to be] an abuse of discretion.”

In an April 4 statement opposing the Court of Appeals’ decision to uphold the preliminary injunction, Indiana Right to Life president Mike Fichter said the organization is “confident Indiana will prevail against any claims that abortion—the intentional ending of an innocent and helpless human life—is a religious freedom.” †