Judge blocks Texas law requiring humane disposal of fetal remains

Legislating from the bench again in Texas?

A federal judge issued a permanent injunction Wednesday against a Texas law requiring burial or cremation for the bodies of aborted or miscarried babies, claiming the law burdens women for no benefit.

How about the dignity of the dead baby?

In 2017, Texas passed Senate Bill 8, which established that embryonic and fetal remains were not “pathological waste,” and that any facility in which a baby is either aborted or miscarried must dispose of their bodies by interment, cremation, or incineration.

It specifies that the remains may not be dumped in a landfill. The legislation codified state health department rules issued the year before, which were already facing a legal challenge.

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