Judge Strikes Down Texas Law Requiring Burial, Cremation of Aborted Babies as ‘Burden’ on ‘Right’ to Abortion

    Updated: September 11, 2018 at 2:46 pm EST  See Comments

    Originally Published on This Site

    AUSTIN, Texas — A Hawaiian federal judge that was asked in 2013 to assist with the caseload in Texas by U.S. Supreme Court Chief Justice John Roberts has struck down a Texas law that would require preborn babies killed at abortion facilities to be buried or cremated instead of being discarded as medical waste.

    Referring to the murdered unborn as only “potential life,” Judge David Ezra said in a 53-page ruling on Wednesday that the requirement would place a burden a woman’s “right” to an abortion.

    “[T]he court finds the challenged laws impose significant burdens on women seeking an abortion or experiencing pregnancy loss (1) by requiring women’s healthcare facilities to use unreliable and nonviable waste disposal options and thus reducing access to abortion in Texas and (2) by enshrining one view of the status of and respect that should be given to embryonic and fetal tissue remains thereby burdening a woman’s abortion decision,” he wrote.

    “At worst, the challenged laws intrude into the realm of constitutional protection afforded to ‘personal decisions concerning not only the meaning of procreation but also human responsibility and respect for it,’” Ezra opined.

    He said that the law made it difficult for abortion facilities to dispose of the aborted babies, which he referred to as “fetal tissue,” as an industry doesn’t exist that would serve to bury or scatter the ashes the children after their remains are prepared.

    “Women’s healthcare facilities offering abortion and pregnancy-related care need to dispose of their accumulation of embryonic and fetal tissue

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