Federal Court Restores State Law Requiring Burial of Aborted Babies

A federal appeals court reinstated an Indiana law Monday that requires medical providers to bury or cremate the remains of aborted babies.

Judge Frank Easterbrook of the 7th U.S. Circuit Court of Appeals reversed a lower court decision that opined that the 2016 law violated the First Amendment for anyone who does not believe that unborn babies have equal rights to born ones.

“Instead of remanding with instructions to tailor the relief to the violation, we reverse outright — because there is no violation. Statutes that require people to disobey sincerely held religious beliefs can pose difficult analytical challenges. But Indiana does not require any woman who has obtained an abortion to violate any belief, religious or secular. The cremate-or-bury directive applies only to hospitals and clinics,” Easterbrook wrote in his decision.

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