INDIANAPOLIS — A federal appeals court has decided to end a temporary injunction on an Indiana law requiring the humane disposal of remains of aborted fetuses.
The law had been challenged by pro-choice groups saying it violates the Fourteen Amendment. It requires abortion providers to dispose of fetal remains through cremation or a proper burial.
The U.S. Court of Appeals has decided that the law may stand saying that it does not violate the constitution.
One reason the court points out is that if an abortion patient objects to the law there is nothing stopping them from taking the remains themselves and disposing of them as they see fit.
“This mandate applies only to providers; women may choose to take custody of the remains and dispose of them as they please,” the court said.
Furthermore, the ruling also upholds a state requirement that abortion providers must inform abortion patients of all options available to them before proceeding with an abortion.
“The norm that units of government may require physicians (and other professionals) to provide accurate information to their clients long predates Casey and has not been disturbed since. Physicians must tell patients about drugs’ side effects and provide information that enables informed consent to risky procedures such as surgery. Nothing in Dobbs, or any other post-Casey decision, implies that similar notice requirements violate the Constitution,” the court said.
