Indiana Court of Appeals rules religious liberty includes right to abortion: Court upholds injunction on RFRA challenge to SEA1
On April 4, 2024, the Indiana Court of Appeals ruled the 2015 Religious Freedom Restoration Act (RFRA) restrains government actors from enforcing the State’s pro-life legislation. The three-judge panel upheld a trial court’s injunction, which prevents application to members of an organization called ‘Hoosier Jews for Choice.’
In 2015, under former Indiana Governor and U.S. Vice President Mike Pence, the State enacted the Religious Freedom Restoration Act (RFRA). The law faced a firestorm of criticism from the Left, who claimed it would enable private businesses to discriminate on the basis of sexual orientation.
Modeled after the federal law passed under the Clinton Presidency, the law basically states the government cannot unduly burden religious belief or practice absent a compelling government interest. Despite early criticism of the law, backed by the ACLU, plaintiffs in this case used their religious beliefs as observant Jews to argue enforcement of SEA1 substantially burdened their religious rights as Jews.
In September 2022, a trial court agreed with this argument & issued an injunction – a court order that prevents enforcement of a law – and held the law could not be applied to members of Hoosier Jews for Choice and other similarly-situated members of the class.
Essentially, the Indiana Court of Appeals ruled protecting unborn life was not a compelling state interest. This is despite abortion rates dropping by 95%.
Although a temporary setback, a previous Indiana Supreme Court decision upheld the constitutionality of the law, on a separate due process challenge. This means the law will remain generally applicable statewide, but not as it relates to members of the class challenging the lawsuit on religious liberty grounds.
The State Attorney General’s office has indicated it will immediately challenge the Court’s ruling to the State Supreme Court. No hearing or further actions on the lawsuit are currently scheduled.
Written by Ben Horvath, Voices for Life Vice President.
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