The Indiana Supreme Court is not taking up the second case – based on the denial of religious liberties – of the state’s abortion ban.
Monday, the State Supreme Court released a ruling denied a motion to see the case directly. Instead, the case must be brought before the appeals court first.
Their ruling says:
This matter comes before us on “Appellants’ Verified Motion for Transfer Pursuant to Indiana Appellate Rule 56(A).” The Court has considered Appellants’ motion and has determined that it should be, and therefore is, DENIED. Jurisdiction, to the extent it exists in this matter, remains with the Court of Appeals
Indiana Attorney General Todd Rokita filed the motion, which was denied, to skip the appeals court to go immediately to the state Supreme Court.
This is the second case against Indiana’s abortion ban – which is now is on hold due to an injunction – and the case was filed by the ACLU of Indiana, representing Hoosier Jews for Choice and five women who remain anonymous. Their claim is that Indiana’s abortion ban violates their religious freedoms.
Jewish belief says that a fetus is not a human life and is still a part of the mother’s body until birth, and abortion is permitted to save the mother’s life if needed.
They say that a previous law passed in 2015 in Indiana, the Religious Freedom Restoration Act (S.E.A. 1. RFRA), requires the government to stop interfering in the practice of a person’s religion unless they have a compelling reason and use the least restrictive measure.\
An injunction was approved by a special judge to block Indiana’s enforcement of the new abortion law, which was signed in August. The law bans most abortions, with some exceptions for rape or incest, where victims could only have an abortion up to 10-weeks into the pregnancy.