A federal appeals court has reversed a preliminary injunction barring enforcement of provisions in a 2016 Indiana law that requires abortion clinics to either bury or cremate fetal remains.
INDIANAPOLIS — A federal appeals court has reversed a preliminary injunction barring enforcement of provisions in an Indiana law that requires abortion clinics to either bury or cremate fetal remains.
It comes after a federal judge found that the requirements infringe on the religious and free speech rights of people who don't believe aborted fetuses deserve the same treatment as deceased people. A legal challenge to the law was brought on in part by two women who had abortions and objected to the provisions requiring burial or cremation, arguing that implies the personhood of a fetus. Indiana Attorney General Todd Rokita is a defendant in the suit."... Neither of the two plaintiffs who has had an abortion contends that a third party’s cremation or burial of fetal remains would cause her to violate any religious principle indirectly.
"... A moral objection to one potential implication of the way medical providers handle fetal remains is some distance from a contention that the state compels any woman to violate her own religious tenets," it states.PREVIOUS | Federal judge rules portions of Indiana abortion law unconstitutional House Enrolled Act 1337 was signed into law in 2016 by then-Gov. Mike Pence. Shortly afterward, Planned Parenthood of Indiana and Kentucky filed suit, claiming the law violated the Equal Protection clause of the 14th amendment.
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