BLOOMINGTON — Special Judge Kelsey Hanlon she will rule “expeditiously” on the first lawsuit filed against the abortion ban in Monroe County determining whether the abortion ban should be put on hold while the courts review it further.
If Judge Hanlon grants a preliminary injunction against the law, Indiana’s abortion regulations would revert to their pre-Sept. 15th status.
The lawsuit argued on Monday says the new law violates the constitution’s guarantee of equal legal privileges by restricting abortions in hospitals.
American Civil Liberties Union of Indiana Legal Director Ken Falk said the law violates the state constitution’s right to privacy.
Solicitor General Tom Fisher, who represented the state, said the legislature used its regulatory authority when it enacted the abortion ban.
Indiana had an abortion ban in place from 1835 until the Roe v. Wade ruling in 1973. Fisher said the ACLU’s argument asks the courts to ignore the intent of the constitution’s framers simply because they did not share the values of later generations.
The Monroe County case is the first of two lawsuits filed against the abortion ban. A second case, which argues the law violates Indiana’s Religious Freedom Restoration Act, is set to be heard in Marion County on October 14th.
