Right to Life Michiana has responded to the Indiana Supreme Court’s ruling that Senate Enrolled Act 1 does not violate the Indiana Constitution.

SEA 1 was passed in 2022 to significantly limit abortion in Indiana.

“This is a major win for unborn babies who must rely on the compassion of Hoosiers to protect them,” said Right to Life Michiana Executive Director Antonio Marchi. “If SEA 1 is restored, we expect to see up to 8,000 unborn human lives saved each year.”

Indiana’s highest court stated that the abortion providers “had to show a reasonable likelihood of success in proving there are no circumstances in which any part of Senate Bill 1 could ever be enforced consistent with Article 1, Section 1. Because there are such circumstances, the providers cannot show a reasonable likelihood of success.”

Marchi said today’s victory is but one more step in the larger work to protect unborn babies
and support pregnant mothers.

“While this ruling is a strong step in the right direction, we will continue working steadfastly to make sure moms and babies are afforded the protections they deserve under Indiana law,” said

Marchi. “We will continue to educate hearts and minds to recognize the reality of abortion and to connect the vulnerable in our community with life-affirming care.”

SEA 1 took effect briefly on September 15, 2022, after a special session of the Indiana
Legislature following the overturning of Roe v. Wade. The law was expected to limit abortions in the state by terminating the licensure of abortion clinics and restricting the circumstances in which abortions would be considered legally permissible.

SEA 1 was promptly blocked on September 22, 2022 by a preliminary injunction, after being challenged in a lawsuit filed by the ACLU on behalf of five Indiana abortion providers. An appeal filed by Indiana Attorney General Todd Rokita concerning this case resulted in the Indiana Supreme Court’s agreement to hear the case directly. Oral arguments were stated on January 19, leading to the Indiana Supreme Court’s decision on June 30, 2023.

On December 5, 2022, a second preliminary injunction was issued in response to a concurrent lawsuit filed by the ACLU, which remains in effect at this time. The lawsuit claimed that SEA 1 violates plaintiffs’ freedom to exercise religion. The case was deemed fully briefed on April 3, 2023 and was transmitted to the Court of Appeals. The Court of Appeals scheduled oral arguments concerning this case to be heard in September. Right to Life Michiana is continuing to monitor developments in this case and is advocating for the full restoration of SEA 1.