Indiana Abortion Ban Hit With Second Preliminary Injunction

• By Jack Sells, TheStatehouseFile.com
• Dec 5, 2022,

INDIANAPOLIS—For the second time this year, an Indiana judge has issued a preliminary injunction on the state’s abortion ban—Senate Enrolled Act 1—stemming from an American Civil Liberties Union of Indiana lawsuit.

The first injunction came when a circuit judge in September decided there was enough merit to pause it, based on Planned Parenthood and the Indiana ACLU’s argument that the ban is illegal under the Indiana Constitution.

Indiana Right to Life organized a “Love Them Both” anti-abortion rally at the Indiana Statehouse in the summer 2022. It took place as the General Assembly held a special session that banned abortion in the state with few exceptions.

By Ryus Moore, TheStatehouseFile.com.

The lawsuit that prompted the newest decision was brought on behalf of Hoosier Jews for Choice and multiple women and argues that Indiana’s Religious Freedom and Restoration Act protects women’s ability to obtain an abortion if their religion instructs them to do so.

“[T]he Court finds that S.E.A. 1 substantially burdens the religious exercise of the Plaintiffs and that S.E.A. 1 is not the least restrictive means to achieve a compelling governmental interest,” wrote Marion County Superior Court Judge Heather Welch.

“This preliminary injunction acts as a second layer of protection, ensuring the rights of Hoosiers on the grounds of religious freedom,” Indiana ACLU legal director Ken Falk said in a press release. “This decision represents another crucial victory for abortion access, and we will continue to fight this ban until it is blocked for good.”

The repetition of the decision extended to Senate President Pro Tem Rodric Bray’s statement to The Statehouse File. He used almost the same wording as he had for the first injunction.

“We set out to pass a bill in the special session that would protect life and support mothers and babies, and that’s what we did,” said Bray, R-Martinsville. “It was always our intent to draft a bill that could withstand a court challenge, and I hope to see that will be the case.”

Two religions mentioned in the lawsuit are Judaism and Islam—both of which, it is argued, allows for abortions in cases not allowed by the ban.

The decision referenced a declaration from Indianapolis Rabbis Dennis and Sandy Sasso, saying, “An abortion is mandated [under Judaism] to stop a pregnancy that may cause serious consequences to the woman’s physical or mental health.

The judge continued: “The State argues that abortion at any gestational age beginning at fertilization ‘ends the life of an innocent human being’ … and that it has a compelling interest in protecting this class of ‘vulnerable human beings from being killed.”

This line of thinking was unpersuasive to Welch, however, who said, “The Supreme Court already recognized in [Burwell v. Hobby Lobby Stores, Inc.] that the question of when life begins is a religious one that the State may not answer legislatively or as a factual manner.”

Welch also noted the ban already has some exceptions, including for rape and incest, and said, “[T]he statute explicitly allows abortions in circumstances that the State acknowledges constituting the ‘killing’ of an ‘innocent human being.’”

“The State is willing in these instances to ‘forgo’ its interest where it deems the countervailing interest ‘compelling,’ but not where a religious mandate rests on the other side of the balance,” wrote Welch.

On Sept. 22, the first preliminary injunction on the abortion ban was issued. Three weeks later, the Indiana Supreme Court decided to hear the lawsuit instead of the Indiana Court of Appeals, setting the first day of arguments to begin on Jan. 12.

As of now, it is unclear whether this second lawsuit will follow the same path. Indiana Attorney General Todd Rokita played a part in the first injunction’s process through the legal flowchart, requesting it be taken up by the Indiana Supreme Court, but did not respond to comment from The Statehouse File.

FOOTNOTE: Jack Sells is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Mayor Lloyd Winnecke today announced the City of Evansville will receive $987,405 in state-matching funds for road projects.

Evansville was among 229 Indiana cities, towns, and counties receiving a combined $119  million+ in funds through the Community Crossings Initiative, a component of Indiana Governor Eric Holcomb’s Next Level Roads program administered by the Indiana Department of Transportation (INDOT).

“We’re appreciative of our partnership with Governor Holcomb and INDOT,” said Mayor Winnecke. “Half of our City Engineer’s Office 2023 Street Paving Program will be funded thanks to Community Crossings.”

Roads include: (Please see map for details)

• Claremont Avenue
• N. Green River Road
• N. Stockwell Road
• Newburgh Road
• S. Green River Road
• SE 3rd Street
• Telephone Road

Since its start in 2016, the City has received $2.7 million through the initiative.

Access to Service Fair

Our next Access to Service Fair event will be held tomorrow Thursday, December 8 from 5 to 7 p.m.

Participants will be able to speak one-on-one with CenterPoint Energy and Evansville Water and Sewer Utility (EWSU) customer service representatives about their accounts.

Representatives from local assistance agencies and township trustee offices will also be present.

Events will be held in the CK Newsome Center, 100 East Walnut Street, on the following dates:

Thursday, December 8 from 5 to 7 p.m.
Thursday, January 12, 2023, from 5 to 7 p.m.
Saturday, January 14, 2023, from 10 a.m. to noon
Thursday, February 9, 2023, from 5 to 7 p.m.
Thursday, March 9, 2023, from 5 to 7 p.m.

The Metropolitan Evansville Transit System (METS) will offer free bus rides for all passengers on event days.

A valid photo ID and a copy of the utility bill are not required but might be helpful for some agencies.

Vanderburgh County Board of Commissioners Receives Statewide Award 

DECEMBER 8, 2022

The Indiana Association of County Commissioners (IACC) is pleased to announce that the Vanderburgh County Commissioners Cheryl Musgrave, Ben Shoulders, and Jeff Hatfield were selected as IACC’s Achievement Award winners for the “2022 Outstanding Team Effort for a Board of Commissioners.” The award is in recognition of their outstanding team efforts in collaborating with community and state partners to advance many projects with multiple funding sources to impact the future of Vanderburgh County. 

Spearheaded by this Board of County Commissioners, their County launched a $39 million project with AT&T to build out high-speed fiber broadband to more than 20,000 households and businesses in the county. Reliable and affordable broadband has become more important than ever, with many consumers continuing to work, learn and entertain from home. 

Today, one-third of the population of their unincorporated County does not have access to fixed broadband solutions. Fortunately, that’s all about to change. Thanks to unprecedented federal funding currently available to counties, through the American Rescue Plan, they are moving forward on a $39 million public-private project with AT&T that will bring fast, reliable fiber-optic internet to households and businesses in their county. Life is about to get a lot better in Vanderburgh County. 

The nomination stated, “The potential for new economic opportunity will be immense when local businesses in every corner of our county have best-in-class fiber solutions to connect to customers and participate in e-commerce.” With access to affordable, reliable internet, these modern-day necessities and conveniences many of us take for granted will soon be available to thousands of their residents who could only wish for them before. 

Because of these amazing accomplishments the Vanderburgh County Board of County Commissioners, Cheryl Musgrave, and Ben Shoulders, and Jeff Hatfield deserves to be recognized for their achievement as the “2022 Outstanding Team Effort for a Board of Commissioners.” 

The achievement award was presented during the IACC’s 2022 Annual Conference, the largest gathering of County Commissioners in the state. The three-day conference included several different workshops, and breakout sessions that were designed specifically for county commissioners and their support staff. The Commissioners and others attended several training workshops concerning county related topics focusing on, Collaborative, Forward-Thinking, and Intentional Partnerships, 2023 Legislative Priorities, Governor Holcomb’s Public Health Commission, Indiana LTAP Partnerships, Open Door Laws, Responsibilities of County Commissioners Before, During and After Disasters, Best Practice Guidance Renewable Energy Development, Broadband Infrastructure Investment, Road Funding, and more in their training sessions. 

Indiana’s 52nd Lieutenant Governor, Suzanne Crouch welcomed commissioners to the conference. She spoke on current issues related to local government, expanding broadband through Next Level Connections Broadband Grants, Improving Housing needs, revitalizing travel and tourism, supporting Hoosier farmers, and improving mental health and addiction programs in Indiana counties. Crouch has been a long-time partner of the IACC and is committed to improving the lives of all Hoosiers. 

Representative Jeff Thompson House Ways and Means Committee Chairman, State Senator Mike Crider Majority Whip, and Representative Greg Steuerwald, Majority House Caucus Chair addressed attendees as well during their Legislative Update. 

The Indiana Association of County Commissioners is a nonprofit organization established to provide the best education, leadership support, and advocacy services for our County Commissioners to strengthen their influence throughout Indiana. The objectives of the Association are: to promote cooperation of the county unit with all other units of local government, (cities, towns, township, etc.) and with state and federal agencies; and to promote improvement and efficiency in the delivery of county government services. The various functions of the IACC include serving as liaison among counties, state and federal agencies, lobbying the Indiana General Assembly on behalf of County Commissioners, as well as providing technical assistance and training to county commissioners and support staff. 

Pictured in attached photo: Indiana Association of County Commissioners 2022 President Diana Biddle, Brown County Commissioner and accepting the award is Vanderburgh Board of County Commissioners; Cheryl Musgrave and Ben Shoulders, (not pictured) Jeff Hatfield.