Indiana Superior Court temporarily blocks abortion ban

The American Liberties Union of Indiana filed a request to temporarily block the abortion ban...
The American Liberties Union of Indiana filed a request to temporarily block the abortion ban in Indiana, claiming Senate Enrolled Act 1 violates Indiana’s Religious Freedom Restoration Act(WAVE)
Published: Dec. 2, 2022 at 5:03 PM EST
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INDIANAPOLIS (WAVE) - An Indiana abortion ban has been temporarily blocked following a preliminary injunction filed in Marion Superior Court on Friday.

The American Civil Liberties Union of Indiana filed a request to temporarily block the abortion ban in Indiana, claiming Senate Enrolled Act 1 violates Indiana’s Religious Freedom Restoration Act, according to a release.

According to the ACLU, the preliminary junction was granted stating the plaintiffs in the lawsuit, Hoosier Jews for Choice and five women, would likely prevail on the claims the law violates religious rights.

The lawsuit claims while some religions believe human life begins at conception, it is not a shared opinion among all religious beliefs.

Senate Enrolled Act 1, which bans abortion in the state of Indiana in most instances with certain exceptions, was also temporarily blocked back in September as part of a separate lawsuit filed by the ACLU of Indiana, Planned Parenthood, the Lawyering Project and WilmerHale.

That lawsuit claimed abortion ban violates the Indiana Constitution’s right to privacy and equal privileges protections.

“Abortion is legal in Indiana today,” Ken Falk, ACLU of Indiana Legal Director said in a release. “This preliminary injunction acts as a second layer of protection, ensuring the rights of Hoosiers on the grounds of religious freedom. This decision represents another crucial victory for abortion access, and we will continue to fight this ban until it is blocked for good.”

In Friday’s preliminary injunction, Judge Heather A. Welch said the medical licensing board of Indiana will be unable to enforce the provisions of Senate Enrolled Act 1 while the temporary ban is in place.

Read the full preliminary injunction below: