A top Indiana lawyer on Friday questioned the validity of a lawsuit brought by a group of residents who argue that the state’s abortion ban violates their religious freedoms.
A judge heard arguments Friday for about an hour in an Indianapolis courtroom, spurred by claims from five anonymous residents — who hold Jewish, Muslim and spiritual faiths — and the group Hoosier Jews for Choice. They argue the ban — which is currently blocked due to a separate lawsuit — violates their religious rights regarding when they believe abortion is acceptable.
Solicitor General Thomas Fisher reiterated that argument on Friday, when he maintained the anonymous plaintiffs’ “hypothetical” reasons for an abortion do not meet the religious freedom law’s “case-specific, factual inquiry” requirement. The ACLU’s other lawsuit revolves around claims that the ban violates the state’s constitution, something the Indiana Supreme Court said Wednesday it would consider next year.
Falk, however, told reporters after the hearing that having a second preliminary injunction against the ban creates more certainty, especially because the lawsuits deal with separate aspects of the law.
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