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Indiana Judge Permanently Blocks Abortion Ban for Those With Religious Objections

Citing RFRA, the judge ruled the ban is underinclusive given rape exceptions and IVF protections.

Overview

  • Marion Superior Court Judge Christina Klineman issued a permanent injunction barring Indiana from enforcing its near‑total abortion ban against people whose sincere religious exercise would be burdened.
  • The case, brought by the ACLU under Indiana’s Religious Freedom Restoration Act, argued that some faiths permit or require abortion in certain circumstances.
  • The court found the state failed to show a compelling interest from fertilization under all circumstances, pointing to the law’s rape exception as differential treatment.
  • Klineman highlighted statutory inconsistencies, including explicit protections for in vitro fertilization and the legislature’s choice not to define embryos as human beings.
  • The judge concluded an outright ban is not the least restrictive means and noted a prior state appellate ruling had already affirmed a preliminary injunction for the plaintiffs.