A case pitting Indiana Jews against an abortion ban heads back to court

The Indiana Supreme Court heard oral arguments in a landmark case challenging the state's near-total abortion ban, arguing it infringes upon Jewish religious freedom. The case, initiated by Hoosier Jews for Choice in 2022, contends that many interpretations of Jewish law prioritize the mother's life over the fetus, making the ban a substantial burden on their religious exercise. Kenneth Falk, legal director for the ACLU of Indiana, argued that "Under Jewish law, the human life does not begin until the first breath."

What is the reason for allowing these secular exceptions, but not a religious exception?

The state is appealing a lower court's March ruling that permanently blocked the ban for Jewish plaintiffs. Indiana Solicitor General James Barta largely sidestepped religious arguments, instead asserting that the plaintiffs lacked standing as they were not actively seeking abortions. The case could significantly impact how the American legal system balances Jewish religious rights against other doctrines.