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For the second time, Judge blocks Ohio law requiring fetal remains to be cremated or buried

by | Feb 2, 2022

By Dave Andrusko

For the second time in a year, Hamilton County Common Pleas Judge Alison Hatheway issued a preliminary injunction blocking an Ohio law (SB 17)that required fetal remains from surgical abortions to be cremated or buried. Judge Hatheway first blocked SB 17 last April, just days before the law was to go into effect. In December of 2020, Republican Governor Mike DeWine signed the fetal tissue measure into law.

Beyond the usual huffing and puffing [SB 27 is a “sea change,” no less], the litigants, represented by the ACLU,  basically argue that the state “singles out” the remains of aborted babies for treatment different than the way other “infectious waste” is disposed. The abortion  clinics also maintain that the law is an unconstitutional obstacle in women’s legal right to an abortion.

The injunction Judge Hatheway “granted will stand until a lawsuit against the Ohio Department of Health and others determines the permanent fate of the law,” said The Associated Press’ Julie Carr. “The litigation challenges the law as an unconstitutional hurdle to women’s legal right to an abortion, as well as ‘frivolous and medically unnecessary.’”

In Wednesday’s order, Judge Hatheway said the bill would not go into effect until she makes her final judgement on the case,” said Oriana Gonzalez. “Providers would have been required to be compliance with the law by Feb. 8.”

Mike Gonidakis, President of Ohio Right to Life, said, “The calloused actions of the abortion industry truly know no bounds. ”

Requiring the broken bodies of abortion victims to be humanely buried is simply common decency. The abortion industry’s desire to deny the innocent unborn even the right to a proper burial reveals where their allegiances lie: not with basic decency, but with their bottom line. Regardless of all obstacles thrown in our way, Pro-Life Ohio will never cease our advocacy until the dignity of every precious and irreplaceable human life is both respected and protected under law.

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