Government

What Happens After The Choice Is Made? A Barred Indiana Law About Fetal Tissue Leaves Options Open

Few things are more 2022 America than legislating morality.

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Markings of a medical professionalThere are many conversations concerning abortion: its ethicality, its availability, its usefulness as a medical procedure to save lives, etc. But a less often discussed point is a practical matter — what happens after the procedure is done? The answer to that question is now an open one in Indiana.

A federal judge has barred Indiana from enforcing a law that forced health care providers to bury or cremate fetal tissue.

U.S. District Judge Richard L. Young found the law, which was signed by former Gov. Mike Pence in 2016, violates the U.S. Constitution because it infringes upon the religious and free speech rights of people who do not believe aborted fetuses deserve the same treatment as deceased people.

“The Constitution prohibits ‘mechanisms, overt or disguised, designed to persecute or oppress a religion or its practices,'” Young wrote in his Monday decision. “The fetal disposition requirements (in Indiana) are contrary to that principle,” he added.

Though there may not be clear answers on what is permissible, there are real-world consequences to the state dictating how fetal tissue must be handled after abortions and miscarriages — and those consequences are being felt by more than just healthcare providers.

As states push for fetal personhood, it is likely that laws that dictate how fetal remains are handled will continue to be a concern for those who have abortions or miscarriages.

Judge Blocks Indiana Abortion Law Requiring Burial, Cremation Of Fetal Tissue [Indy Star]

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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