Indiana’s Court of Appeals questions attorneys on exceptions to the state’s abortion ban.

Indiana’s Court of Appeals questions attorneys on exceptions to the state’s abortion ban, in a case involving residents who are suing on grounds that it violates a state religious freedom law. The class action lawsuit, filed by the American Civil Liberties Union of Indiana on behalf of five anonymous residents and the group Hoosier Jews for Choice, argues Indiana’s abortion ban violates the state’s Religious Freedom Restoration Act that was approved by Republican lawmakers in 2015. The suit was originally filed in September 2022 and a county judge sided with the residents last December. Indiana later appealed the decision. The court heard arguments at the Indiana Statehouse, but did not indicate when it would rule on the appeal. Solicitor General James Barta argued in court that the ban does not violate the law because “the unborn are persons entitled to protections.” Three judges hearing arguments peppered him with questions about current exemptions to the abortion ban, including in limited cases of rape and incest. The judges also questioned ACLU of Indiana’s legal director, Ken Falk about the state Supreme Court’s decision earlier this year to uphold the ban. Falk said at least some of the residents have changed their sexual practices because of the ban…despite their religion’s teaching on abortion.

 

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