Abortion in Indiana

As of 2024, abortion is illegal in Indiana.[1] It is only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1, 2023, was placed on hold due to further legal challenges,[2] but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling that an abortion ban doesn't violate the state constitution.[3] In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day.[citation needed] The new law became effective on September 15, 2022. However, on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.[4]

On January 19, 2023, the Indiana Supreme Court heard oral arguments regarding whether the state's ban on abortion violates the state constitution.[5] Following the hearing, Chief Justice Loretta Rush stated that an opinion on the arguments would be issued "in due course" without a clear timeline of when that would be published.[5]

On April 4, 2024, an Indiana appellate court ruled in favor of a group of plaintiffs who challenged the state's abortion ban on the grounds that it violated their religious beliefs under the state's Religious Freedom Restoration Act. The case is expected to go to the Indiana Supreme Court.[6]

  1. ^ Indiana General Assembly. "Senate Bill 1: An Act to amend the Indiana Code concerning health". iga.in.gov. Archived from the original on June 24, 2024. Retrieved August 27, 2024.
  2. ^ D’onofrio, Jessica (August 1, 2023). "Indiana near-total abortion ban on hold for now as ACLU files petition to state supreme court". ABC 7 Chicago.
  3. ^ "Indiana's near-total abortion ban set to take effect as state Supreme Court denies rehearing". Associated Press. August 22, 2023.
  4. ^ "Court Temporarily Blocks Indiana Abortion Ban". ACLU of Indiana. September 22, 2022.
  5. ^ a b Smith, Casey (January 19, 2023). "Indiana Supreme Court Justices hear arguments in challenge to near-total abortion ban". Indiana Capital Chronicle.
  6. ^ Posner, Sarah (April 9, 2024). "A Hobby Lobby plot twist marks a win for abortion rights in Indiana". MSNBC.