U.S. District Judge Richard L. Young found the law infringes upon the religious and free speech rights of people who do not believe aborted fetuses deserve the same treatment as deceased people.
Some states will have abortion on the ballot this midterm after Roe was overturned with some states already seeing abortion trigger bans in place.A federal judge has barred Indiana from enforcing a law that forced health care providers to bury or cremate fetal tissue.which was signed by former Gov. Mike Pence in 2016
"The Constitution prohibits 'mechanisms, overt or disguised, designed to persecute or oppress a religion or its practices,'" Young wrote in his Monday decision."The fetal disposition requirements are contrary to that principle," he added.Indiana Attorney General Todd Rokita, a defendant in the lawsuit, said Tuesday his office will appeal the ruling.
Young disagreed with some of their arguments, including one that relied on now-defunct protections offered by the U.S. Supreme Court case Roe v. Wade. Overall, however, he said the state failed to convince the court the requirements did not burden the three women's right to express religious and moral beliefs.Attorneys with the Indiana Attorney General's Office argued the state has the right to express preference for childbirth instead of abortion, Young wrote.
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