The U.S. Supreme Court Tuesday ruled that states can require the remains of aborted unborn babies to be buried or cremated, upholding part of a 2016 Indiana law that was signed by then-Gov. Mike Pence.
Meanwhile, the Supreme Court declined to take up a case involving another part of the law banning abortions based on race, sex or disability.
The U.S. Seventh Circuit Court of Appeals had ruled both parts of the law were unconstitutional.
But the Supreme Court, in an unsigned opinion, reversed the appeals court’s ruling on fetal remains while letting standing the other portion of the law. The court said it was expressing no view on the merits of such abortion bans and left the door open for taking up a similar case later.
The Supreme Court’s ruling came without hearing oral arguments.
“This Court has already acknowledged that a State has a ‘legitimate interest in proper disposal of fetal remains,’” the court ruled, pointing to a 1983 decision, Akron v. Akron Center for Reproductive Health, Inc. “… The Seventh Circuit clearly erred in failing to recognize that interest as a permissible basis for Indiana’s disposition law.”
The law, HB 1337, requires aborted babies be “interred or cremated.”
“An abortion clinic or health care facility having possession of an aborted fetus shall provide for the final disposition of the…
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