INDIANAPOLIS (CNS) — Indiana’s attorney general Oct. 15 petitioned the U.S. Supreme Court to review and reverse a ruling by a lower court declaring unconstitutional an Indiana law that makes it illegal for women in the state to have an abortion solely based on the race, gender or disability of a fetus.
Signed in March 2016 by then-Gov. Mike Pence, the Dignity for the Unborn law also requires clinics and/or other health care facilities in possession of aborted or miscarried fetuses to dispose of them either by cremation or interment.
The law was to have gone into effect July 1, 2016, but the day before, a federal judge granted a preliminary injunction on enforcement of the law. The ruling was upheld by the 7th U.S. Circuit Court of Appeals.
Planned Parenthood of Indiana and Kentucky, or PPINK, had filed the request for the injunction.
“Nothing in the Constitution prohibits states from requiring health facilities to provide an element of basic human dignity in disposing of fetuses,” Indiana Attorney General Curtis Hill Jr. said in a statement. “These tiny bodies, after all, are in fact human remains.
“Further, states have every reason and right to prohibit abortions from being performed simply as a means of selecting the race, sex, or physical condition of a child,” he continued. “The right to abortion declared by our Supreme Court protects only the decision not to bear a child at all, not a right to decide which child to bear. Our nation knows only too well the bitter fruits of such discrimination.”
According to Hill, the 8th U.S. Circuit Court of Appeals has found “a virtually identical provision in Minnesota to pass constitutional muster.”
Before Hill petitioned the Supreme Court for its review of the injunction on the law, the 7th Circuit had initially approved a request by the attorney general for an “en banc” review of the matter, that is a hearing before all 11 of the court’s active judges, rather than a three-judge panel.
After that approval, however, one judge recused himself from the case, resulting in the court vacating its order for the “en banc” review, Hill’s office said.
Help us keep you informed -- CatholicPhilly.com can't do it without youDuring CatholicPhilly.com's fall donation campaign, you have a way to help us deliver the kind of news you need to know about the Catholic Church, especially in the Philadelphia region, and the world in which we live. Every household's costs keep rising, and we're no different. We make sure your dollars in any amount go a long way toward continuing our mission to inform, form in the Catholic faith and inspire the thousands of readers who visit every month. Here is how you can help:
- A $100 gift allows us to present award-winning photos of Catholic life in our neighborhoods.
- A $50 gift enables us to cover a news event in a local parish, school or Catholic institution.
- A $20 gift lets us obtain solid faith formation resources that can deepen your spirituality and knowledge of the faith.
- A small, automated monthly donation means you can support us continually and easily.
Please join in the church's vital mission of communications by offering a gift in whatever amount that you can -- a single gift of $40, $50, $100, or more, or a monthly donation. Your gift will strengthen the fabric of our entire Catholic community.
Make your donation by check:
222 N. 17th Street
Philadelphia, PA 19103
Or by credit card here: