AP

Judge again blocks Ohio law regulating aborted fetal remains

Feb 2, 2022, 9:33 AM | Updated: 9:47 am

COLUMBUS, Ohio (AP) — A judge again blocked an Ohio law Wednesday that would require fetal remains from surgical abortions to be cremated or buried.

It was the second time in a year that Hamilton County Common Pleas Judge Alison Hatheway prevented the law from taking effect, in a case brought by a group of clinics and the ACLU of Ohio.

Republican Gov. Mike DeWine signed the law in December 2020. It was intended to replace an earlier Ohio law requiring aborted fetuses to be disposed of “in a humane manner,” but without defining “humane.”

Under current law the new rules seek to replace, fetal remains from what are known as surgical, or procedural, abortions fall under existing rules for handling infectious waste, meaning they could be disposed of with material from other medical procedures.

Abortion opponents lobbied for the new language, which they say assures human dignity. Abortion rights groups have called it another effort by the state’s Republican-led Legislature to obstruct a legally available procedure.

In seeking to keep the law blocked, abortion providers and their lawyers argued the law imposes a funeral ritual on every patient, regardless of religious or spiritual belief, removing their autonomy.

Hatheway delivered them a victory, determining the law violates the clinics’ and patients’ rights to due process and equal protection.

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

Clinics that sued include Planned Parenthood, Preterm-Cleveland, Women’s Med Group and Northeast Ohio Women’s Center.

“Compliance with this law would have a devastating impact on the ability of Ohioans to access time-sensitive health care, and intentionally denies them autonomy over their own lives, especially harming people with low-incomes, our Black, Latino and Indigenous communities, and people in rural communities,” they said in a joint statement.

The fetal remains law is one of several Ohio abortion restrictions that are on hold. Others include a ban on most abortions after a “detectable fetal heartbeat,” as early as six weeks into pregnancy; part of a ban on D&E, or dilation & evacuation, abortions, the most common method used in the second trimester; a ban on the use of telemedicine in medication abortions; and certain restrictions on clinic operations that were tucked into Ohio’s two-year operating budgets back in 2013 and 2015.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Republican presidential candidates, former New Jersey Gov. Chris Christie, left, talking with forme...

Associated Press

The GOP debate field was asked about Trump. But most of the stage’s attacks focused on Nikki Haley

The four Republican presidential candidates debating Wednesday night mostly targeted each other instead of Donald Trump.

2 days ago

Law enforcement officers head into the University of Nevada, Las Vegas, campus after reports of an ...

Associated Press

Police say 3 dead, fourth wounded and shooter also dead in University of Nevada, Las Vegas attack

Police said a suspect was found dead Wednesday as officers responded to an active shooter and reports of multiple victims at UNLV.

2 days ago

President Joe Biden's son, Hunter Biden, leaves after a court appearance, July 26, 2023, in Wilming...

Associated Press

Republicans threaten contempt proceedings if Hunter Biden refuses to appear for deposition

House Republicans are threatening to hold Hunter Biden in contempt if he does not show up this month for a closed-door deposition.

2 days ago

Sen. Tommy Tuberville, R-Ala., listens to a question during a news conference, March 30, 2022, in W...

Associated Press

Tuberville is ending blockade of most military nominees, clearing way for hundreds to be approved

Sen. Tommy Tuberville announced Tuesday that he's ending his blockade of hundreds of military promotions, following heavy criticism.

3 days ago

An employee works inside the Hanwha Qcells Solar plant on Oct. 16, 2023, in Dalton, Ga. On Tuesday,...

Associated Press

US job openings fall to lowest level since March 2021 as labor market cools

U.S. employers posted 8.7 million job openings in October, the fewest since March 2021, in a sign that hiring is cooling.

3 days ago

Megyn Kelly poses at The Hollywood Reporter's 25th annual Women in Entertainment Breakfast, Dec. 7,...

Associated Press

The fourth GOP debate will be a key moment for the young NewsNation cable network

By airing the fourth Republican presidential debate, NewsNation network will almost certainly reach the largest audience in its history.

3 days ago

Sponsored Articles

(KTAR News Graphic)...

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

Follow @KTAR923...

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

Judge again blocks Ohio law regulating aborted fetal remains