Indiana Supreme Court: Abortion ban does not violate state constitution

By Tyler Arnold

Washington, D.C. Newsroom, Jun 30, 2023 / 16:10 pm

Legislation that bans most abortions in Indiana does not violate the state constitution’s right to privacy and can go into effect, according to a Friday ruling from the Indiana Supreme Court, but litigation against the law is still ongoing. 

The state law, which the Republican majority passed last summer, prohibits most abortions during all stages of pregnancy. There is an exception for cases of rape and incest, which will be legal up to 10 weeks after fertilization, as well as an exception for the life of the mother up to 20 weeks. 

Planned Parenthood and other pro-abortion organizations filed a lawsuit to block the state from enforcing the law, arguing that it violates the Indiana Constitution’s right to privacy. In September of last year, a lower court ruled that the abortion ban likely violated privacy rights and issued an injunction that prevented the law from going into effect. Friday’s Supreme Court ruling reverses that decision and will allow the law to go into effect.

The Supreme Court only acknowledged a constitutional right to an abortion in a very limited circumstance: when the life of the mother is at risk. In other circumstances, it found that abortion policy is up to the discretion of lawmakers. 

“[The Constitution] generally permits the General Assembly to prohibit abortions which are unnecessary to protect a woman’s life or health, so long as the legislation complies with the constitutional limits that apply to all legislation, such as those limiting legislation to a proper exercise of the police power and providing privileges and immunities equally,” the ruling said. 

“Because the state can enforce [the legislation] within those constitutional parameters, [Planned Parenthood has] failed to show a reasonable likelihood of success on the merits of their facial challenge,” the ruling concluded. “We thus vacate the preliminary injunction and remand for proceedings consistent with this opinion.”

Indiana Attorney General Todd Rokita’s office praised the ruling in a statement. 

“The Indiana Supreme Court has just upheld the abortion laws passed by the Indiana General Assembly,” the statement read. “We celebrate this day — one long in coming, but morally justified. Thank you to all the warriors who have fought for this day that upholds LIFE.”

Planned Parenthood issued a joint statement with other pro-abortion organizations criticizing the decision and stating that they will continue to support abortion in Indiana. 

“Despite this setback, we’ll keep fighting to restore reproductive rights in Indiana and to help Hoosiers get access to the services they need,” the statement read. “Today’s decision is not the end of our fight for equitable, compassionate care in Indiana, or the patients in surrounding states who rely on Indiana for access to abortion.”

Indiana Gov. Eric Holcomb issued a statement, which said “the law will go into effect as related litigation continues through the judicial process.”

The Supreme Court sent the litigation back down to the lower court, which will allow the judge to consider other legal arguments against the abortion ban. There is also an ongoing lawsuit, in which litigants claim that the state’s abortion ban violates their rights to religious freedom.

Tyler Arnold is a staff reporter for Catholic News Agency, based in EWTN News’ Washington Bureau. He previously worked at The Center Square and has been published in a variety of outlets, including The Associated Press, National Review, The American Conservative, and The Federalist.