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Reason
Reason
Eugene Volokh

Indiana Constitution Protects Long-Established Unenumerated Rights, Including Personal and Economic Rights

Indiana Indiana Supreme Court Police John Locke Abortion the General Assembly

Article 1, Section 1 of the Indiana Constitution (the first section of the Indiana Bill of Rights) provides,

WE DECLARE, That all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well-being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government.

Members of the Medical Licensing Board of Indiana v. Planned Parenthood, decided Friday by the Indiana Supreme Court, in an opinion by Justice Derek Molter, joined by Chief Justice Loretta Rush and Justice Mark Massa, concludes that this is a judicially enforceable provision that protects long-established unenumerated rights:

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