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County court set to hear arguments in religious freedom challenge to Indiana abortion ban

Protesters rally inside the Indiana Statehouse during a legislative debate over a near-total abortion ban. They are holding up signs, one of which reads "Keep your religion off my laws!"
Ben Thorp
/
WBAA
Protesters rally at the Statehouse during a legislative debate in the summer of 2022 over Indiana’s near-total abortion ban. The ban only allows abortion if the pregnant person’s life or serious physical health is at risk, in some cases of lethal fetal anomalies and in some cases of rape or incest.

Indiana will be in court again this week, defending its near-total abortion ban.

Friday’s hearing in Marion County is over a lawsuit that seeks to strike down the ban because it infringes on some Hoosiers’ religious freedom.

Indiana’s ban, SEA 1 (ss), only allows abortion if the pregnant person’s life or serious physical health is at risk, in some cases of lethal fetal anomalies and in some cases of rape or incest.

A group of anonymous Hoosiers with a variety of faith traditions argue the ban interferes with their religious beliefs. And they said it’s already affected their behavior as they take greater steps to avoid becoming pregnant.

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The state said those Hoosiers are trying to use their religious beliefs “to end human life.” It argued abortion itself is not a religious practice and that the only burdens are “feelings of anxiety and changes to contraceptive and sexual practices.”

A county judge previously halted the abortion ban because of a different lawsuit. That case is now headed for the Indiana Supreme Court.

Contact reporter Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.

Brandon Smith has covered the Statehouse for Indiana Public Broadcasting for more than a decade, spanning three governors and a dozen legislative sessions. He's also the host of Indiana Week in Review, a weekly political and policy discussion program seen and heard across the state. He previously worked at KBIA in Columbia, Missouri and WSPY in Plano, Illinois. His first job in radio was in another state capitol - Jefferson City, Missouri - as a reporter for three stations around the Show-Me State.