INDIANAPOLIS – On Thursday, September 10, the Indiana Supreme Court will hear oral arguments in the ACLU of Indiana’s challenge to the state’s near-total abortion ban, brought on behalf of Hoosiers whose sincerely held religious beliefs conflict with the law.
The case was first filed in 2022 as a class action on behalf of Hoosier Jews for Choice and women who, like many Hoosiers, hold sincere religious beliefs that require access to abortion care in circumstances prohibited by Indiana law.
Shortly after filing, a trial court granted a preliminary injunction blocking enforcement of the ban against the class while the case moved forward, which the Court of Appeals later upheld. In December 2024, the Indiana Supreme Court allowed the preliminary injunction to remain in place and sent the case back to the trial court.
In March 2026, the Marion County Superior Court made those protections permanent, blocking the State from enforcing the abortion ban against the plaintiffs and class members when doing so would substantially burden their religious exercise. The State appealed, now bringing the case back before the Indiana Supreme Court for oral arguments on September 10.
At the center of the case is Indiana’s Religious Freedom Restoration Act (RFRA), a 2015 law that limits when the government can substantially burden a person’s religious exercise. The plaintiffs argue that Indiana’s abortion ban violates that promise of religious freedom by forcing Hoosiers to follow the State’s beliefs instead of their own.
For many Hoosiers, including people in Jewish communities, abortion can be consistent with their faith, and required in some circumstances. The case has drawn support from faith and reproductive freedom groups, including the National Council of Jewish Women, which has joined Indiana advocates in defending people’s ability to make these decisions according to their own beliefs.
“We believe that the Religious Freedom Restoration Act should include all religions, including people who do not have specific religious beliefs but have spiritual or personal beliefs for abortion, because who are lawmakers to decide what religious beliefs are?” said Amalia Shifriss, co-founder of Hoosier Jews for Choice. “...And the AG's argument that, ‘that's not what the Religious Freedom Restoration Act is for.’ It's for people to have their religious freedom, and you can't say it's just for evangelical bakers to not bake cakes for gay couples. You have to include everyone. This is the United States of America. You can't just pick and choose.”
Supporters will gather outside the Statehouse ahead of oral arguments for a rally in support of reproductive freedom and religious liberty.
Oral arguments begin at 10 a.m. on Thursday, September 10 at the Indiana Supreme Court. Gallery space is very limited, so supporters are strongly encouraged to watch the Court’s livestream.
“After nearly four years of working on this case, I’ve watched our clients continue to show up and fight for the right to follow their own faith when it comes to their health,” said Stevie Pactor, senior staff attorney at the ACLU of Indiana. “On Thursday, we’ll ask the Court to uphold the protections already recognized by the lower courts and reaffirm that religious freedom must protect people of all faiths equally.”
A copy of the March 2026 permanent injunction is available here.
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