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.
-
One dead in shooting on east side of Indianapolis
A person was found fatally shot near 21st Street on the east side of Indianapolis Thursday evening, according to policeSevere weather damage? Here’s how to file your insurance claim
With all the widespread damage from severe weather many Hoosiers will be filing insurance claims. WRTV talked to a local professional about what you need to know before you start the process.Madison County seeks disaster declaration after storm leaves major damage behind
Emergency management officials are seeking a disaster declaration following severe damage caused by a recent storm.Powerful winds topple trees, trailer in Delaware County
Yorktown is cleaning up after a serious storm again, just seven months after experiencing a landspout tornado. Wednesday's storm took down dozens of trees, one of which fell on a historic cemetery.