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.
PREVIOUS | Judge: Indiana can't enforce abortion burial, cremation law
"... 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. What these two plaintiffs contend is that cremation or burial implies a view — the personhood of an unborn fetus — that they do not hold," the opinion by the U.S. Court of Appeals for the Seventh Circuit reads in part.
"... 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.
The full opinion can be viewed here.
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.
The U.S. Supreme Court later upheld the law.
-
Redistricting bill passes out of Senate Elections committee with a vote of 6-3
127 people testified at a Senate committee hearing on a proposed redistricting bill, a far larger turnout than at a recent House hearing where only two people spoke in favor.
Indianapolis father dies in gas station shooting, family calls it "senseless"
55-year-old man died after being shot at a BP gas station on Indianapolis' north side Saturday night in what family members believe was a robbery gone wrong
Indy's Achilles' heel: Achilles tendon injuries on the rise in younger athletes
Central Indiana Orthopedics surgeon Steve Herbs said Achilles injuries are on the rise, especially in younger athletes.
Suspected drunk driver runs into Carmel Fire truck, raising concerns about OWIs
A suspected drunk driving incident involving the Carmel Fire Department this weekend highlights growing concerns about impaired driving on one of Hamilton County's busiest roads.
