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.
-
Colts' Philip Rivers gets emotional: 'There is doubt, and it's real'
Philip Rivers nearly led the Indianapolis Colts to victory at age 44. Rivers ended a nearly five-year retirement to start Sunday against the Seattle Seahawks.
Walk it Out America transforms health through movement and nutrition
Walk It Out America may sound like an average fitness group, but the Indianapolis-based wellness program goes far beyond walking laps around a track.
Local nonprofit helps bring holiday joy to grieving kids
Brooke’s Place supports children, teens, and young adults in central Indiana as they navigate the loss of a loved one — a journey that can be especially difficult during the holidays.
Hundreds in Hendricks County left without power during freezing temperatures
Downed power lines near U.S. 36 knocked out electricity in Avon neighborhoods, forcing some families to leave their homes to stay warm.
