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Texas' Controversial Fetal Remains Law Back In Federal Court

July 16, 2018 - 4:57 pm

By: Chris Fox

AUSTIN (KRLD) - The state of Texas' controversial fetal remains law was back in Federal Court Monday as attorneys argued whether the state should require health providers to cremate or bury fetal remains.

In January 2017, US District Judge Sam Sparks stopped Governor Greg Abbott’s original fetal remains rules, saying they caused an undue burden on women. Just months later, the State Legislature passed a bill making the same rules into law. 

State Senator Don Huffines, who authored the law, says it’s about preserving the dignity of the unborn.

“This doesn’t interfere with the woman’s right, as the courts have ruled on an ability to get an abortion. This deals with the remains. It deals with redefining medical waste.”

The same abortion rights groups who fought Governor Abbott’s rules have also filed suit against the new law. Whole Woman’s Health CEO Amy Hagstrom Miller was successful in fighting the rules in 2017 and is hoping to take down law too.

“I think it’s disrespectful to women. I think women should be given the autonomy to make the choices about what happens to their bodies.”

Planned Parenthood’s Yvonne Gutierrez says, “this is over-regulation and hurting and shaming families ... business the State should not be involving themselves in.”

The US District Court has scheduled arguments in this case all week.