With the fall of Roe v. Wade and states' trigger laws and special sessions about abortion access, patients flock to Illinois.A federal appeals court has ruled to uphold an Indiana law requiring health care providers to bury or cremate fetal tissue.that blocked the enforcement of the law, ruling it infringed on the religious and free speech rights for people who do not believe aborted fetuses deserve the same treatment as deceased people.
“Indiana does not require any woman who has obtained an abortion to violate any belief, religious or secular,” court documents state. “The cremate-or-bury directive applies only to hospitals and clinics.” The lawsuit was filed in the U.S. District Court for the Southern District of Indiana in 2020 by three anonymous women who had an abortion in Indiana, three abortion care providers and an abortion clinic. Attorneys at the time wrote the law’s requirements caused abortion and miscarriage patients “shame, stigma, anguish, and anger” because they"send the unmistakable message that someone who has had an abortion or miscarriage is responsible for the death of a person.
Planned Parenthood previously sued the state in 2016 after the law took effect upon former Gov. Mike Pence’s signing. The organization argued it violated due process and equal protection rights. The lawsuit made its way to the U.S. Supreme Court, which upheld the law in 2019 and said the state had an interest in how fetal remains are disposed.
Indiana Attorney General Todd Rokita in a statement praised the appeal’s court decision, saying the ruling shows “unborn babies are more than mere medical waste.”“They are human beings who deserve the dignity of cremation or burial,” the statement said. “The appellate court’s decision is a win for basic decency.”Contact Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com
When are Indiana Republicans going to start showing respect for actual children instead of just fetuses.
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