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Reason
Reason
Politics
Josh Blackman

Indiana RFRA and Abortion

Flash-back to March 2015. At the time, Mike Pence was the Governor of Indiana. And the Hoosier State enacted a version of the Religious Freedom Restoration Act. This move was highly controversial. Progressive groups feared this bill would provide a license to discriminate in the name of religion. I wrote an essay in National Review explaining that the state RFRA was modeled after the venerable federal standard.

Seven years later, that same RFRA which progressives excoriated, is now being used to stop post-Dobbs abortion laws. And a superior court in Marion County has enjoined the law based on the state RFRA.

Readers of this blog will likely be familiar with some of my writings on religion and abortion (see here, here, here, and here). Indeed, there are two law review articles that engage my views at some length. (I have some quibbles with how the former article characterized my article, and have been in touch with the authors; I think the latter article treats my work fairly.)

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