Indiana Judge Strikes Down Abortion Law

A Marion County judge has struck down the state’s abortion law. Indiana passed its abortion law in 2022, and it has survived several legal challenges. However, in this latest ruling a local judge determined that the law violates Indiana’s Religious Freedom Restoration Act. The reasoning behind the decision is unusual. The lawsuit was filed by several women and by a group called Jews for Choice. Their argument was that access to abortion is part of their religious beliefs. They argued that the state’s abortion law prevents them from practicing their religion. The judge agreed with part of that argument. The ruling said the law is discriminatory because it allows abortions in some circumstances, such as cases of rape or incest, but does not allow exceptions for religious reasons. According to the judge, if the state allows abortions in some cases, it cannot exclude religious objections. The judge also wrote that Indiana law does not explicitly define human beings to include embryos and zygotes. Because of that, the state failed to demonstrate a compelling interest in enforcing the law against people with sincere religious beliefs. This ruling will almost certainly be appealed. It will likely move through the appeals courts and possibly reach the Indiana Supreme Court. The legal reasoning is controversial, and it remains unclear whether the ruling will survive on appeal.