Religious Right to Abortion: A Recent U.S. Appeals Court Decision
Frederick Mark Gedicks is Guy Anderson Chair and Professor of Law at the J. Reuben Clark Law School, Brigham Young University.
An appeals court in the U.S. state of Indiana recently found a religious right to abortion under the state’s religious freedom statute (Individual Members of the Med. Licensing Bd. v. Anonymous Plaintiff 1 (Indiana Ct. App. Apr. 4, 2024)). However startling its holding, the court’s analysis is doctrinally orthodox, closely following U.S. Supreme Court precedent applying the First Amendment’s Free Exercise Clause and the 1993 federal Religious Freedom Restoration Act to claims for religious exemptions.