close
close

Court reinstates Indiana’s abortion and cremation law

INDIANAPOLIS (AP) — A federal appeals court has reinstated a 2016 Indiana law that requires abortion clinics to either bury or cremate fetal remains.

The 7th Circuit Court ruling, released Monday, reverses an Indiana judge’s September decision that the law violates the religious and freedom of expression rights of people who don’t believe aborted fetuses deserve the same treatment as the deceased.

The Court of Appeals relied on a 2019 ruling…

CONTINUE READING

INDIANAPOLIS (AP) — A federal appeals court has reinstated a 2016 Indiana law that requires abortion clinics to either bury or cremate fetal remains.

The 7th Circuit Court ruling, released Monday, reverses an Indiana judge’s September decision that the law violates the religious and freedom of expression rights of people who don’t believe aborted fetuses deserve the same treatment as the deceased.

The appeals court cited a 2019 U.S. Supreme Court ruling upholding the fetal remains provisions of the law signed by the then government. Mike Pence and that the state had a legitimate interest in how these remains were disposed of.

“Indiana does not require any woman who has received an abortion to violate any religious or secular beliefs,” the appeals court ruling said. “The cremation or burial policy only applies to hospitals and clinics.”

The Republican-dominated Indiana legislature passed legislation banning abortions over the summer, but abortions have continued after a judge sided with abortion clinic operators who argued the ban violated the state constitution . The state Supreme Court is scheduled to hear arguments in the lawsuit in January.

The fetal remains law suit was filed in 2020 on behalf of the Women’s Med Group abortion clinic in Indianapolis, its owner, two nurses working at the clinic and three women.

The group’s lawyers did not immediately respond to a message Tuesday asking for comment.

The group’s lawsuit argued that Indiana’s requirements caused “shame, stigma, fear and anger” in both abortion and miscarriage patients because they “send the unmistakable message that someone who has had an abortion or miscarriage is… responsible for the death of a person”.

Republican Attorney General Todd Rokita praised the court’s ruling, which recognized the fetal remains as more than just medical waste.

“They are people who deserve the dignity of cremation or burial,” Rokita said in a statement. “The Court of Appeal’s decision is a win for basic decency.”

Copyright © 2022 . All rights reserved. This website is not intended for users within the European Economic Area.

Source