Indiana justices won't hear 2nd abortion case for now

FILE - Indiana Chief Justice Loretta Rush speaks during a Supreme Court hearing, Thursday, Jan. 19, 2023, in Indianapolis. Indiana's high court will not immediately take up a religious-freedoms challenge to the state's abortion ban, leaving that decision for now with an appeals court, documents from Monday, Jan. 30 show. (AP Photo/Darron Cummings, Pool, File)

INDIANAPOLIS (AP) — Indiana's high court said it will not immediately consider a challenge to the state's abortion ban that is based on the argument that the law violates some people's religious freedoms, leaving that decision to an appeals court, at least for now.

The state Supreme Court issued an order Monday saying the state Court of Appeals will first consider the case, after a lower court judge in December sided with residents who claim the state's abortion ban infringes on their religious beliefs.

The state attorney general's office appealed that decision and asked the high court to take up the case in December, saying in a statement Tuesday that it would “keep defending the law and fighting for life" in the appeals court.

The American Civil Liberties Union of Indiana — who hold Muslim, Jewish and other faiths — after Republican state lawmakers enacted the ban last summer. The ACLU did not immediately reply to a request for comment Tuesday.

Indiana's ban, which was by Republican Gov. Eric Holcomb, goes against those residents’ religious values regarding when they believe the treatment is acceptable, the lawsuit argues.

Earlier in January, the state Supreme Court heard arguments in a lawsuit filed by abortion clinic operators. The court has maintained a block on while it considers the case, after a county judge under the state constitution.

While Indiana’s ban is blocked, abortion will remain legal in the state up to 20 weeks post-fertilization.

After the U.S. Supreme Court overturned Roe v. Wade in June, religious freedoms lawsuits against states' abortion bans have , where abortion-rights supporters are aiming to protect access to abortion and defend their beliefs.

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Arleigh Rodgers is a corps member for the Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow her on Twitter at

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