Indiana's new abortion law runs afoul of Religious Freedom Restoration Act, lawsuit claims
Five Hoosier women and a religious abortion-rights group filed a new lawsuit in Marion County on Thursday challenging Indiana's near-total abortion ban on the grounds of religious freedom.
Hoosier Jews for Choice and the five women — who are residents of Marion, Monroe and Allen counties — claim that the ban violates the state's Religious Freedom Restoration Act from 2015, also known as RFRA. The act, which was signed into effect by then-Gov. Mike Pence, prevents the government from impeding someone's religious exercise unless there's a strong argument in favor of the state's interest.
The defendants in the case include members of the Medical Licensing Board of Indiana and prosecutors in five counties, including Marion County. IndyStar has reached out to the licensing board and the Indiana Attorney General's Office for comment.
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Life at conception 'not shared by all religions'
The lawsuit states the belief that life begins at conception, which is widely shared by Christian anti-abortion advocates, "is not a theological opinion shared by all religions or all religious persons."
"For example, under Jewish law, a fetus attains the status of a living person only at birth," the lawsuit states. "Jewish law recognizes that abortions may occur, and should occur as a religious matter, under circumstances not allowed by (the near-total abortion ban) or existing Indiana law." That would include when an abortion could prevent a "mother's mental anguish" from severe physical or mental health issues.
Indiana's near-total abortion ban prohibits abortions except in the case of rape or incest up to 10 weeks of pregnancy, when pregnancy poses a risk to the life or long-term health of the mother, or in the case of fatal fetal anomalies. It takes effect Sept. 15.
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The lawsuit goes on to claim that "some Muslim scholars take the position that the fetus does not possess a soul until 120 days after conception," and that those scholars "indicate that within 40 days of conception it is proper and appropriate to seek an abortion for any reason."
The lawsuit was prepared by lawyers from the American Civil Liberties Union of Indiana. IndyStar was not able to locate a website for the organization Hoosier Jews for Choice, nor any tax filing information through the IRS. "This group is newly formed and not incorporated at this point," a spokesperson for the ACLU told IndyStar.
Three of the five women who are plaintiffs in the lawsuit are described as followers of Judaism. One of the women is Muslim, and the other woman is described as having non-theistic spiritual beliefs. They remain anonymous in the complaint, and say that their religious beliefs permit them to get abortions in circumstances that aren't permitted under Indiana's new abortion code.
Plaintiffs want a class action lawsuit
Ken Falk, the ACLU of Indiana's Legal Director, said in a prepared statement that RFRA "protects religious freedom for all Hoosiers, not just those who practice Christianity."
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The plaintiffs have asked the court to allow their lawsuit to go forward as a class action lawsuit with the goal of bringing on other aggrieved Hoosiers. They're also asking the court to declare the near-total abortion ban unlawful, and to prevent the state from "taking any action" that would interfere with their ability to get an abortion in accordance with their religious beliefs.
In August lawyers with the ACLU of Indiana helped file a separate lawsuit challenging the state's near-total abortion ban, claiming that it violates rights protected by the state's constitution, like the right to privacy.
Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@indystar.com. Follow him on Twitter @IndyStarJohnny
This article originally appeared on Indianapolis Star: Indiana's new abortion law runs afoul of RFRA, lawsuit claims
