For years, Indiana’s abortion ban has threatened bodily autonomy, severely curtailed access to healthcare, and stripped individuals’ ability to make deeply personal decisions about pregnancy. This month, a Marion County court took an important step toward remedying those wrongs, holding that the state cannot enforce its abortion ban in ways that violate religious freedom.
In a major ruling, the court permanently blocked enforcement of the ban against the plaintiffs and certified class when doing so would substantially burden their sincerely held religious beliefs. The decision is significant not only for the protection it provides, but for what it reinforces: the state cannot privilege one view of abortion and religion over all others.
The Path to this Decision
After the Supreme Court overturned Roe v. Wade in 2022, ending the constitutional right to abortion that had existed for nearly half a century, Indiana moved quickly to become the first state in the country to pass a near-total abortion ban. Senate Enrolled Act 1 (SEA 1), enacted during a special session in August 2022, banned abortion in nearly all circumstances, with only a few narrow exceptions and strict limits on where and when care could be provided.
The ACLU of Indiana quickly filed a lawsuit on behalf of Hoosier Jews for Choice and five women whose sincerely held religious beliefs conflicted with the ban. The case argued that Indiana’s Religious Freedom Restoration Act (RFRA) — a law passed under Governor Mike Pence in 2015 — protects Hoosiers whose faith or spiritual beliefs require abortion care in circumstances SEA 1 does not allow. The plaintiffs represented a range of faiths and belief systems, including Judaism, Islam, and other spiritual observances, and challenged the idea that the state could impose one religious view of when life begins or when abortion is permitted on everyone else.
Over the next three years, the case moved through multiple stages of litigation before the Marion County Superior Court made those protections permanent for the named plaintiffs and certified class. Here’s a look at how the case unfolded.
Timeline of the Case
- June 24, 2022: The U.S. Supreme Court overturns Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, ending federal constitutional protections for abortion.
- August 5, 2022: Indiana lawmakers pass SEA 1 during a special session and it's signed into law, making Indiana the first state to enact a near-total abortion ban after Dobbs.
- September 8, 2022: The ACLU of Indiana filed a suit on behalf of Hoosier Jews for Choice and individual plaintiffs whose sincerely held religious beliefs conflict with the ban, arguing that SEA 1 violates Indiana’s Religious Freedom Restoration Act (RFRA).
- December 2, 2022: A Marion County trial court issues a preliminary injunction, blocking enforcement of the ban against the plaintiffs while the case moves forward.
- August 1, 2023: Indiana’s near-total abortion ban officially takes effect, while religious freedom protections for the RFRA plaintiffs remain in place.
- April 4, 2024: The Indiana Court of Appeals upholds the preliminary injunction and affirms that the case can proceed as a class action.
- December 10, 2024: The Indiana Supreme Court allows the preliminary injunction to stand, sending the case back to trial court for final resolution.
- March 5, 2026: The Marion County Superior Court grants a permanent injunction, ruling that Indiana cannot enforce its abortion ban against the named plaintiffs and certified class when doing so would substantially burden their religious exercise under RFRA.
What Does This Ruling Change?
This decision does not end Indiana’s abortion ban. But it does create an important protection: the state cannot enforce the ban against people whose sincerely held religious beliefs direct them to obtain abortion care in situations not covered by the law’s narrow exceptions.
Because the case was certified as a class action, the ruling applies to any Hoosier whose religious beliefs direct them to obtain abortions that would otherwise be impermissible. The court made clear that Indiana cannot force those individuals to choose between their religious beliefs and their bodily autonomy.
The decision also turns years of temporary protection into something permanent. Anyone with questions or concerns about how this ruling applies to them should reach out to the attorneys of the ACLU of Indiana at intake@aclu-in.org. Indiana residents seeking care under this protection should consult their healthcare providers.
