“We hold that Article 1, Section 1 protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions,” the court opinion said.

Several abortion providers represented by the Indiana ACLU sued to invalidate Indiana’s abortion law, contending that a woman’s right to “liberty” under Article 1, Section 1 of the Indiana Constitution encompasses a fundamental right to abortion.

Planned Parenthood also argued that the anti-abortion law materially burdens a woman’s exercise of this right.

Indiana Attorney General Todd Rokita said in a statement, “The Indiana Supreme Court has just upheld the abortion laws passed by the Indiana General Assembly. We celebrate this day — one long in coming, but morally justified. Thank you to all the warriors who have fought for this day that upholds LIFE.”

In a joint statement Indiana ACLU and Planned Parenthood said, “We are devastated by the Indiana Supreme Court’s ruling today … Today’s decision is not the end of our fight for equitable, compassionate care in Indiana, or the patients in surrounding states who rely on Indiana for access to abortion.”

The statement said the ruling “will deprive more than 1.5 million people in Indiana — particularly Black, Latino, and Indigenous people, people with low incomes, and LGBTQ+ people, who already face the most challenges when seeking medical care — of life-saving, essential health care. Now, patients will be forced either to flee the state to access abortion if they have the means, seek abortion outside of the health care system, or carry pregnancies against their will with profound medical risk and life-altering consequences.”

County Judge Kelsey B. Hanlon blocked Indiana’s anti-abortion law last year, ruling that, “the public has an interest in Hoosiers being able to make deeply private and personal decisions without undue government intrusion.”

Friday’s Indiana Supreme Court decision vacates that injunction.

In its opinion, the court said Planned Parenthood failed to show that “there are no circumstances in which any part of Senate Bill 1 could ever be enforced consistent with Article 1, Section 1.”

The court opinion said the case turned on whether the state action on abortion law is an appropriate exercise of police power under the state constitution.

“When evaluating whether state action is an appropriate exercise of the police power, we “confine [ourselves] to the question, not of legislative policy, but of legislative power,” the Indiana Supreme Court said.

The court said it “does not diminish a woman’s interest in terminating a pregnancy” as privately held interest and that many women view the ability to obtain an abortion as an exercise of bodily autonomy.

“Yet, and however compelling that interest is, it does not follow that it is constitutionally protected in all circumstances,” the Indiana Supreme Court ruling said.