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Published On: Tue, May 28th, 2019

Supreme Court doesn’t address abortion, upholds Indiana burial measure for unborn babies

The U.S. Supreme Court on Tuesday sent a mixed message on abortion, refusing to consider reinstating Indiana’s ban on abortions performed because of fetal disability or the sex or race of the fetus while upholding the state’s requirement that fetal remains be buried or cremated after the procedure is done.

From Alliance Defending Freedom Senior Counsel Denise Burke regarding the U.S. Supreme Court’s decision Tuesday on whether to weigh in on Box v. Planned Parenthood of Indiana and Kentucky.

photo: 14 week fetus photo/ Your Pregnancy week by week

“Indiana law helps ensure that deceased unborn infants receive proper burials—a law that the high court upheld. Tragically, many states do not ensure that the bodies of miscarried, stillborn, or aborted infants are treated with dignity. Unborn infants shouldn’t be disposed of as ‘medical waste’ when they die before birth, regardless of whether their deaths are spontaneous, accidental, or induced. Further, the broken bodies of aborted infants shouldn’t be exploited for scientific experimentation. Since the horrific 2015 revelations that Planned Parenthood harvested and sold the body parts of aborted infants—including brains, hearts, livers, lungs, and muscle tissue—it has become apparent that this must be addressed in state law. No incentive or needless opportunity should exist for such gruesome exploitation.

“Indiana law also sends a clear message that all victims of discrimination—born and unborn—are worthy of protection. We had hoped the Supreme Court would take this opportunity to revisit the 7th Circuit’s deeply flawed ruling, which endorses a lethal form of discrimination, as long as it occurs in utero. But we appreciate Justice Thomas’s assessment that, ‘Given the potential for abortion to become a tool of eugenic manipulation, the [c]ourt will soon need to confront the constitutionality of laws like Indiana’s…. Enshrining the constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th Century eugenics movement.’ It should be unthinkable for an expectant mother to face pressure to abort her baby simply because she is a girl, or because she may have a genetic abnormality like Down syndrome. No sensible person believes that aborting a baby for these reasons is legitimate, but Indiana’s law—which prohibits such death sentences for babies simply because of who they are—is entirely legitimate.”

“While this ruling is limited, the law is part of a larger trend of state laws designed to stigmatize and drive abortion care out of reach. Whether it’s a total ban or a law designed to shut down clinics, politicians are lining up to decimate access to abortion,” said Jennifer Dalven, a lawyer with the American Civil Liberties Union, which was part of the legal challenge to the Indiana law.

Both provisions were part of a Republican-backed 2016 law signed by Vice President Mike Pence when he was Indiana’s governor.

In November, ADF filed a friend-of-the-court brief in partnership with the Radiance Foundation, an educational, nonprofit organization that, through journalism, multimedia presentations, and community outreach, is committed to empowering and motivating people to illuminate the inherent value of every human life, including racial minorities, women, and those with disabilities.

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About the Author

- Roxanne "Butter" Bracco began with the Dispatch as Pittsburgh Correspondent, but will be providing reports and insights from Washington DC, Maryland and the surrounding region. Contact Roxie aka "Butter" at [email protected] ATTN: Roxie or Butter Bracco

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    […] a 7-2 vote (Justices Ginsburg and Sotomayor dissenting) the Seventh Circuit’s invalidation of an Indiana law requiring the humane disposition of fetal remains after abortion. The Indiana law was signed by Vice President Mike Pence when he was governor of the […]

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    […] Supreme Court doesn't address abortion, upholds Indiana burial measure for unborn babies […]

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    […] post Supreme Court doesn’t address abortion, upholds Indiana burial measure for unborn babies appeared first on […]

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