IN Brief

Fetal remains law upheld on appeal

By: - November 29, 2022 1:11 pm
Fetal remains

An appeals court upheld Indiana's "fetal remains" law requiring the burial or cremation of medical waste following an abortion procedure. (Getty Images)

The 7th Circuit U.S. Court of Appeals upheld an Indiana law that requires medical facilities providing abortions to bury or cremate the “fetal remains” following the procedure.

“The bodies of unborn babies are more than mere medical waste to be tossed out with trash,” Attorney General Todd Rokita said in a release. “They are human beings who deserve the dignity of cremation or burial. The appellate court’s decision is a win for basic decency.”

The law previously withstood challenges under the 14th Amendment’s Equal Protection Clause. The most recent case claimed the law violated free speech and free exercise under the First Amendment but was disposed by the appeals court.

“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,” the court said.

Indiana’s near-total abortion ban is on hold following the Indiana Supreme Court’s decision to intervene.

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Whitney Downard
Whitney Downard

A native of upstate New York, Whitney previously covered statehouse politics for CNHI’s nine Indiana papers, focusing on long-term healthcare facilities and local government. Prior to her foray into Indiana politics, she worked as a general assignment reporter for The Meridian Star in Meridian, Mississippi. Whitney is a graduate of St. Bonaventure University (#GoBonnies!), a community theater enthusiast and cat mom.