Religious Freedom Doesn’t Justify Abortion

Judges in Indiana are accepting a faulty rationale for keeping the state’s abortion restrictions from being implemented.

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Abortion-rights demonstrators protest outside the House chambers in the Indiana Statehouse during a special session to debate banning abortion in Indianapolis, Ind., August 2, 2022.

Cheney Orr/Reuters

Abortion fanatics, reeling from the demise of Roe v. Wade, are now trying to manipulate the principles and legal precedent of religious freedom in a desperate attempt to undermine new state laws restricting abortion. Alas, one court of appeals in Indiana bought their argument earlier this month, concluding that the state’s abortion law could be enjoined. Courts reviewing this case on appeal, or reviewing similar attacks on state abortion laws, must not be so easily duped.

Indiana is one of several states that, following the Court’s decision in Dobbs v. Jackson Women’s Health Organization, enacted near-total abortion bans or restricted abortions to the earliest weeks of a pregnancy. The Indiana law prohibits all abortions except in the case of a fatal fetal anomaly, of serious health risk to the mother, and of rape or incest.

Andrea Picciotti-Bayer

About the Author

Andrea Picciotti-Bayer

Andrea Picciotti-Bayer is director of the Conscience Project and recipient of the Religious Freedom Institute’s 2025 Religious Freedom Impact Award.

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