A recent federal court ruling represents a major victory for Hoosiers concerned about treating the remains of unborn children with dignity and respect, Attorney General Curtis Hill said today.
On March 14, the Seventh Circuit U.S. Court of Appeals upheld the constitutionality of an Indiana law against buying, selling or otherwise transferring aborted fetal body parts and tissue. In doing so, it overturned a lower court’s injunction blocking enforcement of the law.
“Nothing in the Constitution prohibits states from requiring a measure of dignity in how we treat aborted fetuses,†Attorney General Hill said. “These tiny bodies are the remains of human beings. Prohibiting the transfer of aborted fetal body parts, even when done for scientific purposes, falls squarely within the state’s prerogative to regulate ethical research.â€
The court decision resulted from a lawsuit brought by Indiana University, where tissue from aborted babies has been used in research. The prohibition on transferring fetal tissue is part of Indiana House Enrolled Act 1337, enacted in 2016.
Attorney General Hill continues to seek the U.S. Supreme Court review of the constitutionality of other parts HEA 1337 that are currently enjoined. These measures include 1) a prohibition of abortions performed based on the race, sex or disability of a fetus; 2) a requirement that medical institutions disposing of fetal remains do so either by burial or cremation; and 3) a requirement that abortionists provide women seeking abortions ultrasounds of their unborn babies at least 18 hours before the abortions are performed.
