Court reinstates abortion burial and cremation law in Indiana

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

The 7th Circuit Court of Appeals ruling released Monday overturns an Indiana judge’s September ruling that the law infringed the religious rights and free speech of people who do not believe the Aborted fetuses deserve the same treatment as deceased persons.

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

« Indiana does not require a woman who obtained an abortion to violate any creed, religious or secular, » the appeals court said. « The cremate or bury directive only applies to hospitals and clinics. »

Indiana’s Republican-dominated legislature approved a law banning abortions over the summer, but abortions were allowed to continue after a judge sided with clinic operators. who argue that the ban violates the state constitution. The state Supreme Court is scheduled to hear arguments in the trial in January.

The fetal remains lawsuit was filed in 2020 on behalf of the Women’s Med Group abortion clinic in Indianapolis, its owner, two nurse practitioners who work at the clinic, and three women.

Lawyers for the class did not immediately respond to a message seeking comment on Tuesday.

The group’s lawsuit argued that Indiana’s requirements have caused both abortion and miscarriage patients « shame, stigma, anguish, and anger » because they « send the unequivocal message that someone who has had an abortion or a miscarriage is responsible for the death of a person ».

Republican State Attorney General Todd Rokita hailed the court’s decision as recognizing the fetal remains as more than medical waste.

« These are human beings who deserve the dignity of cremation or burial, » Rokita said in a statement. « The Court of Appeal’s decision is a victory for basic decency. »

Tom Davies, The Associated Press