Indiana Supreme Court Upholds Near-Total Abortion Ban

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INDIANAPOLIS, IN – The Indiana Supreme Court ruled today that the state’s near-total abortion ban does not violate Indiana’s constitution, thus vacating a lower court’s preliminary injunction allowing the law to take effect. SB 1, enacted in September 2022, prohibits abortion at any stage of gestation except in cases of rape, incest, fatal fetal anomalies or when the woman’s life is at risk.

Liberty Counsel filed an amicus brief in this case on behalf of the National Hispanic Christian Leadership Conference (NHCLC) and the Frederick Douglass Foundation that holds there is no right to abortion within the Indiana Constitution and defends the state’s pro-life law that limits the killing of innocent unborn children. In the brief Liberty Counsel states, “Abortion has a dark eugenic foundation that violates key protections of the Indiana Constitution, and the State of Indiana is right to take measures to limit it as much as possible. As members of or ministers to the African American and Hispanic communities, Amici have a strong interest in exposing the racist and eugenic history of the abortion movement.”

In Members of the Medical Licensing Board of Indiana, et al., v. Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Inc., et al., the ACLU sued on behalf of Planned Parenthood abortionists against the ban. Four out of the five Justices concurred that the state has “broad legislative discretion” to enact pro-life laws, with one Justice dissenting only in part.

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